Federal Trade Commission v. Atlantic Richfield Company and the Anaconda Company

WINTER, Circuit Judge:

Federal Trade Commission (FTC) appeals from the district court’s denial of a preliminary injunction in an action instituted pursuant to § 13(b) of the Federal Trade Commission Act, 15 U.S.C. § 53(b) (Supp. IV 1974), to prevent consummation of a merger between Atlantic Richfield Company (Arco) and The Anaconda Company (Anaconda) during the pendency of administrative antitrust proceedings which are being conducted before FTC. Because we are persuaded that the district court correctly determined that a substantial likelihood has not been shown that FTC will prevail on the…