FTC's McWane Dismissal Leaves Antitrust Enforcement Murky

Law360, New York (February 7, 2014, 5:47 PM EST) -- The Federal Trade Commission's dismissal of price-fixing allegations against iron pipe fitting producer McWane Inc. on Thursday ends the agency's nearly two-decade “winning streak” in administrative complaints, but the split among the commissioners leaves open key antitrust enforcement questions.

A 41-page opinion from the commissioners backed much of a prior ruling from an FTC administrative law judge, dismissing six of seven counts of antitrust violations asserted against McWane and leaving in place one finding of monopolization.

Although antitrust observers said the commissioners' divided opinion will offer little...
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