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FTC Could Soon Face High Court Reprimand

The Federal Trade Commission (FTC) recently held a closed session to hear an appeal from its own counsel of a decision handed down in February by an FTC administrative law judge (ALJ) rejecting the commission’s arguments that Altria’s 2020 acquisition of a 35% stake in e-cigarette maker Juul was anticompetitive and harms consumers. It is likely that the commission will side with the arguments it approved its own complaint counsel to develop, declaring itself the winner and Altria and Juul the losers.

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