On May 13, 2024, the Second Circuit affirmed a decision dismissing the plaintiffs’ baseless antitrust complaint. This was a victory for WLF, which filed an amicus brief supporting the defendants. WLF’s brief explained why the court should disregard an amicus brief filed by the FTC, which lacked credibility. The Commission continues to advance arguments that the Supreme Court has rejected, ignores its own legal and ethical guidance, and overlooks its actions on the deals at issue in the case. WLF’s brief also explained that, contrary to its averments, the FTC lacks any expertise in construing Federal Rule of Civil Procedure 12.
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