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Another way to skin the cat? Perspectives on using Section 2 to challenge the acquisition of nascent competitors

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In “Another Way to Skin the Cat? Perspectives on Using Section 2 to Challenge the Acquisition of Nascent Competitors,” Timothy Snyder and James Moore explore recent comments from the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice suggesting that Section 2 of the Sherman Act be used as a vehicle to challenge acquisitions of nascent competitors that may otherwise escape challenge under Section 7. They outline the main arguments for and against applying Section 2 to these transactions through a review of agency officials’ public statements, recent scholarship, and discussions at an ABA panel on the topic. The article is a useful reference for future discussions on the merits of the agencies’ approach.