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ANTITRUST NEWS: FTC Commissioner Mark Meador advocates holistic approach ...
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Fusion42 · 28 October 2026 · Fusion42 review
FTC Commissioner Mark Meador advocated for a holistic approach to Sherman Act Section 2 antitrust analysis, emphasizing that courts should consider the combined effects of business practices rather than evaluating them through rigid, conduct-specific standards. He highlighted the Fourth Circuit's decision in Duke Energy Carolinas LLC v. NTE Carolinas II LLC, which reversed a narrow application of antitrust rules in favour of examining the overall anticompetitive impact, a position contested by prominent academics.
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You must rethink how you defend or attack monopoly claims as courts shift to assessing combined business behaviours, not isolated actions. This opens new legal angles but also raises the stakes in compliance and litigation strategy.
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1 source · 28 Oct 2026
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