In Federal Trade Commission v. Tuttle, the FTC had issued a subpeona duces tecum against the defendant to produce documents. The defendant had documents relevant to an ongoing FTC investigation of members of an association that was a client of Tuttle’s. The district court had held that the subpeona issued against Tuttle was unlawful. The Second Circuit Court of Appeals reversed, holding that the subpeona duces tecum, which was issued against Tuttle, (a third party who held information relevant to an ongoing investigation) was subject to the subpeona powers of the FTC. Further, the Court held that since the FTC had been charged by Congress with the responsibility of enforcing the Clayton Act, to do hold otherwise would be to eviscerate the FTC’s power to enforce the Act.

<Summary>    Analysis   Full-Text   Case Index