108In any event, even if the Commission did not lack the power to adopt the contested decision, as it submits on the basis of the distinction drawn by it between withdrawal of the notification and withdrawal of the merger agreement, it is clear that in so doing the Commission unexpectedly departed from its consistent administrative practice, as made public. The applicant has referred to a score of cases in which the Commission was apparently satisfied with mere withdrawal of the notification by the parties concerned, in order to bring a procedure in a merger case to a close without a decision on the merits.
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