The US Congress prepares the standardization of merger review processes used by the FTC and DOJ (SMARTER Act)

The SMARTER Act and Its Impact on Federal Merger Enforcement* Federal lawmakers are currently considering legislation that would eliminate differences in the procedures used by the Federal Trade Commission (FTC) and the Department of Justice Antitrust Division in challenging unconsummated acquisitions and mergers. The proposed “Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015” or “SMARTER Act” is intended to address concerns that parties to a proposed merger or acquisition currently face different preliminary injunction standards in court challenges, as well as different processes, depending upon which federal antitrust agency reviews the transaction. The so-called SMARTER Act has two main objectives: (1) equalize the standards for the two federal antitrust

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  • Wolters Kluwer (Riverwoods)

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Jeffrey May, The US Congress prepares the standardization of merger review processes used by the FTC and DOJ (SMARTER Act), 12 June 2015, e-Competitions June 2015, Art. N° 77253

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