On Thursday, September 25, the Federal Trade Commission announced and released for public comment proposed changes to the rules governing trials held before the Commission. The changes, if adopted, could have a significant effect on both merger and non-merger litigation. They should be of particular interest to companies in industries that are traditionally subject to review by the FTC, including companies in the pharmaceutical, medical devices, health care, computer, semiconductor, chemical, energy, and retail sectors. The announced purpose of the changes is to address concerns that the FTC's internal litigation procedure is too slow. Although the proposed changes would affect the litigation schedule in both merger and non-merger cases, the greatest impact would be in merger cases.
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