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Comment: FTC standard for preliminary injunctions for mergers may be questioned after US Supreme Court's Starbucks ruling

By Flavia Fortes ( July 3, 2024, 19:54 GMT | Comment) -- The Supreme Court ruling last month that a labor authority needs to meet a four-factor test to be granted a preliminary injunction calls into question whether the Federal Trade Commission should continue to have a more favorable standard in merger injunctive relief. Companies — with no urgency to close their deal — could use the precedent in Starbucks v. McKinney to argue to the High Court that the FTC should have no such lower standard when bringing deal challenges. The Supreme Court ruling last month that a labor authority needs to meet a four-factor test to be granted a preliminary injunction calls into question whether the Federal Trade Commission should continue to have a more favorable standard in merger injunctive relief....

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