The US FTC publishes its merger remedies report and signals tougher enforcement

The Federal Trade Commission staff have completed a new study evaluating its process for designing and implementing merger remedies and the success of the remedies it has imposed in the past. Its report—"The FTC's Merger Remedies 2006-2012: A Report of the Bureaus of Competition and Economics"—follows a similar retrospective study from 1999 and also follows a number of recent matters where the agency's remedies were seen to have failed. Consistent with the experience of merging parties in recent years, the findings of this report confirm that the government will continue closely to scrutinize divestitures and other relief offered to remedy competition issues in transactions between companies with horizontal (at the same level of the supply chain) and vertical (at different levels)

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • Jones Day (Houston)
  • Jones Day (Washington DC)

Quotation

David P. Wales, J. Bruce McDonald, Ryan C. Thomas, The US FTC publishes its merger remedies report and signals tougher enforcement, 1 January 2017, e-Competitions Bulletin January 2017, Art. N° 83552

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