Xbox |OT|

[NobleTeam360]

Ryuu96 said:

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.

A bit under 50/50? Idk how he thinks it's that close. FTC has shown zero substantial harm. I'd say more like 95-5% in favor of the PI being denied. Sounds like he's being conservative in that estimation.