Tuesday, February 24, 2004 10:35:08 PM
http://www.ftc.gov/os/adjpro/d9302/040223initialdecision.pdf
VI. SUMMARY OF THE DECISION
Complaint Counsel have failed to sustain their burden of proof with respect all three of the
violations alleged in the Complaint. First, the evidence at trial establishes that Complaint Counsel
failed to prove the facts they alleged in the Complaint. Second, an analysis of the legal theories
advanced by Complaint Counsel demonstrates that there is no legal basis for finding a violation of
Section 5 of the Federal Trade Commssion Act, either as based on other antitrust laws or solely
as an unfair method of competition. Third, an application of the facts established
at trial to the legal theories asserted leads to the conclusion that Complaint Counsel have failed to
prove their case............
For these reasons, Complaint Counsel have failed to sustain their burden to establish
liability for the violations alleged. Accordingly, the Complaint is DISMISSED..............
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