Gun-jumping: Antitrust Issues Before Closing the Merger

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8 The FTC m ight pursue a si mlar clai as a violat on of Secti n 5 of the FTC Act, 15 U.S.C. § 45, which prohibits unfair methods of competition. While the FTC can proceed under Section 5 to challenge anticompetitive conduct that violates the Sherman Act, its authority to challenge conduct that does not violate the Sherman Act is limited

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