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Increasing Antitrust Enforcement Under Obama?

Law360 (December 17, 2008, 12:00 AM EST) -- On Dec. 16, 2008, the Federal Trade Commission filed a Complaint against Ovation Pharmaceuticals, challenging Ovation’s January 2006 acquisition of the drug NeoProfen. The Complaint itself is consistent with traditional antitrust merger analysis.

The concurring opinions by Commissioners Leibowitz and Rosch, however, advocate a more aggressive approach to antitrust enforcement than taken by the Commission historically or in the Ovation Complaint.

These opinions are of particular significance because there are currently only four Commissioners at the FTC and President-elect Barack Obama will be nominating a fifth...
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