The US Court of Appeals for the District of Columbia Circuit upholds the finding of the FTC that the prohibition of discounts and advertising was inherently suspect as they would tend to raise prices and reduce output (PolyGram)

DC Circuit Hits High Note In “Three Tenors” Case – Petition For Review Of FTC Decision In Polygram Holding, Inc. Denied* On July 22, 2005, the Court of Appeals for the District of Columbia Circuit denied a petition for review filed by PolyGram Holding, Inc. In so doing, the DC Circuit, in an opinion by Chief Judge Ginsburg, endorsed the Commission’s characterization of the restraint in issue as “inherently suspect”. The court held that the Commission was correct in following the analytical path that it established in In Re Massachusetts Board of Optometry [1]. PolyGram Holding, Inc. v. Federal Trade Commission, No. 03-1293 (DC Cer. 2005). The Three Tenors, Jose Carreras, Placido Domingo and Luciano Pavarotti performed in a series of concerts coinciding with the World Cup soccer finals, in

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  • Sheppard Mullin (Los Angeles)

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Don T. Hibner, The US Court of Appeals for the District of Columbia Circuit upholds the finding of the FTC that the prohibition of discounts and advertising was inherently suspect as they would tend to raise prices and reduce output (PolyGram), 22 July 2005, e-Competitions July 2005, Art. N° 67413

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