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Using Citizen Petitions To Harm Competition

Law360 (February 21, 2007, 12:00 AM EST) -- The courts and regulatory process can be used as a tool to delay the entry or expansion of rivals to dominant firms.

As the Federal Trade Commission’s recent staff report on the Noerr-Pennington doctrine observes, “One of the most effective ways for parties to acquire or maintain market power is through the abuse of government processes. The cost to the party engaging in such abuse typically is minimal, while the anticompetitive effects resulting from such abuse often are significant and durable.” FTC, Enforcement Perspectives on the...
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