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Comment: Increasing constitutional challenges to US FTC adjudication could hasten Supreme Court review

By Serafina Smith, Ben Brody and Ilana Kowarski ( July 11, 2023, 18:53 GMT | Comment) -- Following Amgen and Horizon Therapeutics’ recent counterclaim against the US Federal Trade Commission alleging the agency’s in-house court violates the Constitution, a blueprint has emerged for dealmakers to challenge the constitutionality of FTC proceedings. And with each additional challenge, the danger for the FTC will grow, as every decision a new court makes on the issue creates a potential opportunity for Supreme Court review of the agency’s authority.Following Amgen and Horizon Therapeutics’ recent counterclaim against the US Federal Trade Commission alleging that the agency’s in-house court violates the Constitution, a blueprint has emerged for dealmakers to challenge the constitutionality of FTC proceedings. And with each additional challenge, the danger for the FTC will grow, as every decision a new court makes on the issue creates a potential opportunity for Supreme Court review of the agency’s authority....

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