Law360 Quotes Prof. Cotter on DOJ/FTC Rift

A Law360 article, titled “DOJ Deepens Split With FTC In Qualcomm Antitrust Appeal,” discusses an unprecedented rift between the two federal antitrust enforcers, which finds the Antitrust Division of the Department of Justice urging the Ninth Circuit to reverse a judgment in favor of the Federal Trade Commission. The article quotes Professor Thomas Cotter, who notes that Antitrust Division is not abandoning the national security issues it highlighted in a previous filing requesting a stay pending appeal, but rather is emphasizing its view that the court should reverse the judgment on the merits. Cotter also states that “the interagency dispute shouldn’t be a decisive factor in the court’s ultimate decision on the merits of the case because ‘[t]he court makes the final call on what the law is.’”