Moog Industries, Inc. v. Federal Trade Commission

In two consolidated cases, the FTC found both Moog Industries (plaintiff) and C.E. Neihoff & Co. (plaintiff) had violated the Clayton Act and ordered each to cease and desist; both companies argued they would suffer serious financial harm if barred from pricing practices still available to their competitors, and each sought to have its order held in abeyance pending resolution of that competitive disparity. The Eighth Circuit affirmed Moog's order without holding it in abeyance, while the Seventh Circuit affirmed Neihoff's order but ordered it held in abeyance, creating a circuit split that the Supreme Court granted certiorari to resolve.