the possibility that the Court will impose a preliminary injunction
That statement was literally true even before the TRO was granted. But it is easy to understand why the FTC would not want to credit a mere possibility as a justification for a restraint of trade.
I think it is far different when a District Judge has found a likelihood of infringement worthy of injunctive relief AFTER both parties have been heard and issued a TRO.
Calling a settlement collusive in that context should not fly, IMO.
ij
It is astonishing what foolish things one can temporarily believe if one thinks too long alone ... where it is often impossible to bring one's ideas to a conclusive test either formal or experimental. J.M. Keynes