Judges balking at defenses about FTC’s constitutionality in preliminary injunction suits

By Ben Brody (November 14, 2023) -- Merging companies got a boost when the Supreme Court said they could challenge the constitutionality of the US Federal Trade Commission’s in-house court before the completion of adjudication, but federal district court judges are starting to signal they don’t want to hear such a challenge if it’s presented as a defense to an agency’s attempt to block a deal....

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