United States DC Circuit

Plaintiff-record company violated section 5 of the Federal Trade Commission Act since it failed to identify any competitive justification for its agreement with another record company to refrain from advertising a competitive album.

Appellate Information

• Decided 07/22/2005
• Published 07/22/2005

Judges

• Before:  GINSBURG, Chief Judge, and EDWARDS and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Bradley S. Phillips argued the cause for petitioners.   With him on the briefs were Glenn D. Pomerantz and Stephen E. Morrissey.


• For Appellees:
  
• John F. Daly, Deputy General Counsel for Litigation, Federal Trade Commission, argued the cause for respondent.   With him on the brief were Michele Arington, Attorney, Susan A. Creighton, Director, and Richard B. Dagen, Assistant Director.