Indeed, ignoring the Clayton Act's incipiency
Yet, Coolies speak against the imperial grain in Kingsley's discursive assemblage of the threat of Coolie middle class incipiency
Also, there is little if any recent FTC precedent relying on incipiency
, and the doctrine's continued viability is less than clear.
Supporting the possibility that antitrust enforcement could address too big to fail issues, FTC Commissioner Rosch commented: "The Clayton Act is inherently prospective and the current standard prevents anticompetitive harm in its incipiency
But the Supreme Court has also held that the FTC may go further than the Sherman Act and 'stop in their incipiency
acts and practices which, when full blown, would violate those Acts.
Section 7 of the Clayton Act is meant to arrest anticompetitive acquisitions in their incipiency
, before they mature into full-fledged restraints of trade.
1) exposed the lack of content of the concept of preventing competitive harms "in their incipiency
," which had been an important, but standardless, Clayton Act proposition; (16)
Prophylactic measures; these measures are intended to avert an attack by international terrorists that is in its incipiency
anticompetitive merger in its incipiency
, or deter or counteract
seeks to prohibit and make unlawful certain trade practices which, as a rule, singly and in themselves, are not covered by the [Sherman Act], or other existing antitrust acts, and thus, by making these practices illegal, to arrest the creation of trusts, conspiracies, and monopolies in their incipiency
and before consummation.
Although the Department of Justice at times argued the incipiency
standard, it inexplicably alleged in its complaints how the merger will (rather than may) lessen price competition in narrowly defined markets.