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TOYS "R" US, INC. v. F.T.C.

No. 98-4107.

221 F.3d 928 (2000)

TOYS "R" US, INC., Petitioner-Appellant, v. FEDERAL TRADE COMMISSION, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 1, 2000

Attorney(s) appearing for the Case

Michael S. Feldberg (Argued), Schulte, Roth & Zabel, New York, NY, Irving Scher, Weil, Gotshall & Manges, New York, NY, for Petitioner.

William J. Baer (Argued), Leslie R. Melman, Federal Trade Commission, Washington, DC, for Respondent.

Ann M. Marciarille, Office of the California Attorney General, San Francisco, CA, for Amici Curiae State of Alabama, State of Alaska, State of Arizona, State of California and State of Arkansas.

Before COFFEY, KANNE, and DIANE P. WOOD, Circuit Judges.

DIANE P. WOOD, Circuit Judge.

The antitrust laws, which aim to preserve and protect competition in economically sensible markets, have long drawn a sharp distinction between contractual restrictions that occur up and down a distribution chain—so-called vertical restraints—and restrictions that come about as a result of agreements among competitors, or horizontal restraints. Sometimes, however, it can be hard as a matter of fact to be sure what kind of...

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