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Agency enforcement targets sometimes argue against enforcement on the ground that their competitors are committing the same violation that they have been found guilty of,

Agency enforcement targets sometimes argue against enforcement on the ground that their competitors are committing the same violation that they have been found guilty of, and it is unfair for the agency to single them out for enforcement without bringing enforcement actions against their competitors also. The standard that is applied is highly deferential and challengers rarely prevail. The standard for evaluating such discriminatory enforcement claims is known as:

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Abuse of discretion

Clear abuse of discretion

Patent abuse of discretion

Obvious abuse of discretion

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