The Second Circuit overruled the FTC’s decision to bring antitrust suits against 1-800 Contacts because it found:

• That the FTC did not provide a less restrictive alternative for 1-800 Contacts to use in order to achieve the same means;

• The agreements between 1-800 Contacts and its competitors were not suspect on their face; and

• Trademark settlement agreements should be given a presumption of being pro-competitive.

Read about the Second Circuit’s decision finding competitor trademark agreements with keyword bidding restrictions pro-competitive.