1. 7 Immunity, 7.9 OSS Nokalva, Inc. v European Space Agency , United States Third Circuit decision, 617 F.3d 756 (3d Cir. 2010)
2. As the D.C. Circuit has explained in the context of the government's challenge to a merger, once the government meets its initial burden, then the defendant must rebut the presumption;The ultimate burden always remains on the plaintiff
3. the burden of producing additional evidence of anticompetitive effects shifts to the government, and merges with the ultimate burden of persuasion, which remains with the government at all times;F.2d at 982, and, if that is done