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Weighing Evidence Under Different Theories Of Harm

Law360 (April 28, 2009, 12:00 AM EDT) -- After a string of defeats going back to 2002, the Federal Trade Commission in March 2009 won its challenge to the merger of CCC Information Services and Mitchell International.

This is the first merger decided in district court since the July 2008 appellate decision in the Whole Foods-Wild Oats merger, and it shows the effect of that ruling on preliminary injunction standards, at least within the Washington, D.C., district.

While most discussions of Whole Foods conclude that the decision made it easier for the FTC to...
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