Mergermarket | FTC dropping administrative route likely to lengthen litigation, reopen ‘one agency’ question

In an article for Mergermarket, White & Case partner Rahul Rao discussed the FTC's move away from administrative merger challenges and toward permanent injunction litigation in federal court.

Rahul explained that this shift should reduce the resources spent on constitutional challenges and allow FTC staff to focus on the merits of merger cases. The change "should give the agency… more bandwidth to be doing other things," he said.

Rahul also noted that federal court litigation could extend merger challenges from a few months to several months or a year, with implications for transaction terms.

Read the full article here.

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