A US District Court applies broad standard to enforce FTC subpoena (Church & Dwight)

In a rare court decision on the enforceability of agency subpoenas, the U.S. District Court for the District of Columbia has ruled that the Federal Trade Commission (« FTC ») is entitled to receive documents from the Canadian subsidiary of Church & Dwight Co. (« C&D ») relating to the sale and distribution of condoms and other products in Canada as part of the agency's investigation of the company's U.S. condom marketing practices. The court also held that C&D is not entitled to redact those portions of responsive documents that contain « proprietary and confidential information on non-condom products. » C&D has indicated it will appeal the ruling. If upheld, the court's decision provides significant support for the agency's authority to broadly collect documents and data

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Michael H. Knight, Robert C. Jones, A US District Court applies broad standard to enforce FTC subpoena (Church & Dwight), 29 October 2010, e-Competitions Bulletin October 2010, Art. N° 33653

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