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Expert Analysis

Case Study: Polypore V. FTC

Law360, New York (July 26, 2012, 2:19 PM EDT) -- In a recent ruling, reinforcing the Federal Trade Commission's aggressive merger policy, the United States Court of Appeals for the Eleventh Circuit upheld an FTC decision condemning a merger of two could-be rivals, and also rejected challenges to the FTC's remedial order requiring complete divestiture. Polypore International Inc. v. Federal Trade Commission, No. 11-10375, 2012 U.S. App. LEXIS 14195 (11th Cir. July 11, 2012). The decision is also noteworthy in its (and the FTC's) treatment of the potential competition issue, the use of the anti-competitive presumption in such circumstances, and the questions of market definition raised in the case....

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