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Selena Ones 2002 Zip

5In its letters of challenge, the FTC lists, for each company, the country where the allegedly anticompetitive agreements are to be found, the approximate number of agreements at issue (including both volume and geographic scope) and its major allegations. The FTC concedes in its briefs that the number of agreements listed in its challenge to the Kia deal is lower than the number of agreements listed by the Agencies in their challenges to the Kia and the General Motors deals.

6It is not apparent from the annual report why the FTC and DOJ are more challenged in appellate decisions than the FTC is in its yearly reporting to Congress. Over the past decade, on average the FTC’s decisions have been affirmed in about 32% of its cases, and have been reversed in about 10% of the cases. In contrast, the FTC’s decisions in cases represented by DOJ on average have been affirmed in slightly more than 63% of the cases, reversed in slightly more than 13% of the cases, and reversed in a higher percentage of cases than the FTC’s decisions when represented by DOJ.

7The FTC’s study revealed that 72% of the agreements that were challenged by the FTC were challenged by the Agencies, and 65% of the agreements challenged by the Agencies were challenged by the FTC.

8The FTC “challenge” of the Pepsi-Coke deal by then-Chairman Richard Posner of the U.S. Court of Appeals for the Seventh Circuit in the decision of General Motors Corp. and its affiliated entities v. U.S. Federal Trade Commission (04-1520) reflects the positions taken by the FTC and DOJ of their litigant status in those cases. The FTC may join as a co-plaintiff or intervention plaintiff against a merger involving entities in which it has certificates of authority and that pose antitrust problems. When the same entity is the subject of an FTC challenge and a DOJ challenge, either or both of the challenges may be appealed to the D.C. Circuit. When a DOJ challenge is on appeal to the D.C.

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