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POLYGRAM HOLDING, INC. v. F.T.C.

No. 03-1293.

416 F.3d 29 (2005)

POLYGRAM HOLDING, INC., et al., Petitioners v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 22, 2005.

Attorney(s) appearing for the Case

Bradley S. Phillips argued the cause for petitioners. With him on the briefs were Glenn D. Pomerantz and Stephen E. Morrissey.

John F. Daly, Deputy General Counsel for Litigation, Federal Trade Commission, argued the cause for respondent. With him on the brief were Michele Arington, Attorney, Susan A. Creighton, Director, and Richard B. Dagen, Assistant Director.

Before: GINSBURG, Chief Judge, and EDWARDS and ROGERS, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge.

PolyGram Holding, Inc. and several of its affiliates petition for review of an order of the Federal Trade Commission holding PolyGram violated § 5 of the Federal Trade Commission Act, 15 U.S.C. § 45. As detailed below, PolyGram entered into an agreement with Warner Communications, Inc. to distribute the recording of a concert to be given by "The Three Tenors" in 1998. The...

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