Indeed, ignoring the Clayton Act's incipiency
Also, there is little if any recent FTC precedent relying on incipiency
, and the doctrine's continued viability is less than clear.
The same is true of certain kinds of contracts -- tie-in sales, exclusive dealing contracts -- where the statute talks about incipiency
, rather than actual, completed anti-competitive effects.
United States(32) interpreted section 7 as a barrier against "the rising tide of economic concentration" in American industry that applied even "when the trend to a lessening of competition in a line of commerce was still in its incipiency
In the Von's Grocery Case, the Supreme Court further extended the scope of the incipiency
doctrine by applying it to industries in which single-owner firms were declining in number.
Moreover, the DOT, like the Federal Trade Commission (FTC), has broad power to stop such practices `in their incipiency
,' before they become full blown and cause actual harm to the traveling public.
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.