I’d have it as a bit under 50/50 that a PI is issued, but judges can do what they want with an equitable balancing test. Don’t bet the house either way.
— Richard Hoeg (@HoegLaw) June 29, 2023
Default is basically to expect a government agency to get what it asks for. Recent FTC history and performance here drops that down, but litigation is a tough thing to bet on.
— Richard Hoeg (@HoegLaw) June 29, 2023
Hoeg is hedging his bets.
I respect his lawyer knowledge but honestly I think FTC has presented a terrible case and so do many others, including Hoeg himself at times saying they've put forth a weak case, they've not proven much, they've not proven this is damaging to consumers or competitors, it'd be weird to assume a win just cause it's a government agency, so I'd be shocked, I'm leaning towards likely FTC loses, having said that, I won't say 100% because of what happened with the CMA.
Last edited by Ryuu96 - on 29 June 2023
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