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ANALYSIS: FTC Warning Reminds Parties: Deals Aren’t Ever ‘Done’

Aug. 6, 2021, 9:01 AM

In a blog post on Aug. 3, the Federal Trade Commission reminded the merging public that it doesn’t “clear” or “approve” a merger when it lets the Hart-Scott-Rodino waiting period expire.The FTC reserves the power to challenge a consummated merger, even after concluding an investigation into the deal.

Why is the FTC reminding people about its powers of review? Because, as Holly Vedova of the agency’s Bureau of Competition wrote in the blog post, the FTC is going to have to rely more on ex post review of mergers (rather than ex ante under the HSR Act) to keep up ...

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