Skip to main content
Citation Number

Brief of the Federal Trade Commission in support of a petition for rehearing and rehearing en banc and urging the court to clarify or amend its September 28, 2016, decision in the case. The brief urges the court to (1) clarify the decision so it cannot be read to limit the kinds of evidence used to analyze monopoly power and (2) correct the decision’s improper focus on the effect of allegedly anticompetitive product hopping on a competitor rather than the conduct’s overall effect on competition.