Judge Facciola Denies Proportionality Request

In this condom monopoly inquiry, the defendant argued that the FTC's request was unduly burdensome. The Court rejected the burdensome/proportionality argument citing the failure of the defendant to present sufficient proof of the burdensome of the request and the high standard of proof required. The Court stated that compliance must threaten "to unduly disrupt or seriously hinder normal operations of a business." Id. There is no affidavit or other supporting proof that would permit that conclusion. . . . (citation omitted).   Moreover, as indicated by the parties' agreements concerning search terms for searching documents in the United States, there may be electronic means of searching the data that the parties can mutually agree upon to keep the burden to the minimum.  FTC v. Church & Dwight Co., 2010 U.S. Dist. LEXIS 115205, at *10-12 (D.D.C. Oct. 29, 2010)(Facciola, J.)