United States Fifth Circuit

In an antitrust case, petition for review of an FTC order to divest assets acquired from a Pennsylvania corporation used in the business of designing, engineering and building field-erected cryogenic storage tanks is denied where the FTC: 1) correctly applied the legal standards of burdens of proof and persuasion; 2) properly analyzed the "potential entry" defense and had substantial evidence to conclude that "potential entry" evidence was insufficient to rebut the prima facie case; 3) relied on substantial evidence for its factual findings; and 4) did not abuse its discretion in issuing its remedy provisions.

Appellate Information

• Decided 01/25/2008
• Published 01/28/2008

Judges

• DENNIS, Circuit Judge:, Before REAVLEY, GARZA and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Charles W. Schwartz (argued), Skadden, Arps, Slate, Meagher & Flom, Houston, TX, for Petitioners.


• For Appellees:
  
• David C. Shonka (argued), John F. Daly, William E. Kovacic, Donald S. Clark, Imad Dean Abyad, FTC, Washington, DC, for Respondent.