The US FTC votes 3-2 to enact a major policy change relevant to every party involved in settling a merger investigation after signaling its intent to bring back an old practice of mandatory prior approval and notice provisions in consent orders earlier this year

On October 25, 2021, a deeply divided FTC voted 3-2 to enact a major policy change relevant to every party involved in settling a merger investigation with the FTC. Earlier this year, the FTC signaled its intent to bring back an old practice of mandatory prior approval and notice provisions in consent orders, a policy that was suspended over 25 years ago during the Clinton administration, and expand it in several ways. The new FTC policy means that parties settling a merger investigation with the FTC can expect (at minimum) a ten-year post-settlement period, during which the parties must seek the FTC's prior approval to pursue a transaction in a directly affected market (or even an indirectly affected market) from the transaction covered by the FTC order. The same prior approval

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

  • White & Case (Washington)
  • White & Case (Washington)
  • White & Case (Washington)
  • White & Case (Washington)
  • White & Case (Washington)
  • White & Case (Washington)

Quotation

Mark J. Gidley, George Paul, Rebecca H. Farrington, Douglas Jasinski, Anna Kertesz, Ashley Stoner, The US FTC votes 3-2 to enact a major policy change relevant to every party involved in settling a merger investigation after signaling its intent to bring back an old practice of mandatory prior approval and notice provisions in consent orders earlier this year, 25 October 2021, e-Competitions October 2021, Art. N° 104609

Visites 123

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues