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FTC Resurrects Unilateral Preapproval in Merger Investigation Settlements to Halt Future "Anticompetitive" M&A

What Is the FTC's New "Prior Approval" Policy? At the end of an FTC investigation into the competitive impact of a merger, the agency may (i) take no action (allowing the parties to close), (ii) challenge the transaction...more

Biden Administration Executive Order Would Expand Regulatory Intervention in Markets Across the Economy

President Biden recently signed an Executive Order on Promoting Competition in the American Economy (the "Order") outlining 72 initiatives by more than a dozen federal agencies to combat "excessive" corporate consolidation...more

DOJ Announces Merger Process Reforms: Déjà Vu All Over Again?

The Situation: Between 2013 and 2017, the average length of a U.S. Department of Justice ("DOJ") Antitrust Division merger review increased 65 percent to 10.8 months. The Response: DOJ announced reforms to improve...more

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