US Anesthesia Partners says FTC's antitrust action reflects agency's ever-expanding view of its own authority
( August 12, 2024, 22:31 GMT | Official Statement) -- MLex Summary: US Anesthesia Partners told a US appeals court that the Federal Trade Commission is pursuing a “misguided” monopoly lawsuit without regard to clear statutory and constitutional limits on its ability to obtain injunctive relief in federal court. USAP asked the US Court of Appeals for the Fifth Circuit to reverse an order denying its motion to dismiss. It argued that every interpretive tool — context, the major questions doctrine, and constitutional avoidance — confirms that the FTC must pursue administrative proceedings, not standalone litigation in federal court. It also said that even if the FTC’s interpretation was correct, allowing the agency to bring enforcement actions in federal court infringes on the separation of powers by granting executive enforcement authority to an agency insulated from presidential oversight.See document below. ...
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