Extract to table

The FTC must demonstrate a likelihood that the proposed transaction violates Section 7 of the Clayton Act, and the court retains meaningful discretion to weigh the equities

These termination provisions are of critical importance to our preliminary injunction defense, as they establish the concrete timeline within which the transaction must be consummated and the quantifiable financial harm that Cascade will suffer if the transaction is enjoined and ultimately cannot close

Second, the statute establishes a two-part predicate for injunctive relief: the court must find both that there is a "likelihood of ultimate success" for the Commission and that "weighing the equities," the injunction "would be in the public interest

" The use of the word "shall" in connection with a "proper showing" has been interpreted by courts as conferring a degree of statutory entitlement upon the FTC once the proper showing is made, but the FTC must still satisfy both prongs

§ 18, provides the substantive legal standard that the FTC must ultimately establish in its administrative proceeding and that forms the basis for the likelihood-of-success analysis in the preliminary injunction proceeding

The FTC cannot rely on bare allegations or conclusory assertions; it must present evidence that supports its prima facie case and withstands scrutiny under cross-examination at the evidentiary hearing