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Date
Citation Number
23-120
Matter Number
P082105

The FTC joined the United States in an amicus brief urging the Supreme Court to deny a petition for certiorari concerning the concerted action requirement of Section 1 of the Sherman Act. The brief argues that the United States Court of Appeals for the Second Circuit properly applied Supreme Court precedent in holding that allegations that an association adopted a binding anticompetitive rule governing its members’ separate businesses are sufficient to plead concerted action. The brief also explains that the Second Circuit’s holding created no split on the issue among the courts of appeals.