The Evolving Role Of Competitors In Merger Review

Law360, New York (March 12, 2014, 12:46 PM EDT) -- The conventional wisdom for many years was that government antitrust policy and U.S. Supreme Court doctrine restricted a competitor’s role in merger review. The majority of merger review occurs within the U.S. Department of Justice or the Federal Trade Commission, and the agencies’ traditional view was that competitors are motivated to complain only when the deal will make the world more competitive — not less. Thus, unlike antitrust class action litigation and terminated distributor claims, merger review historically presented little opportunity for a “plaintiff’s” antitrust practice....
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