DOJ, FTC More 'Upfront' About Divestiture Requirements

Law360, New York (July 25, 2016, 12:51 PM EDT) -- Lost in all the publicity over high-profile mergers that have foundered for lack of an acceptable remedy, either at the antitrust agencies or in court following an agency challenge, is the fact the agencies continue to resolve the vast majority of merger challenges by consent but are doing so with a marked increase in the use of upfront buyers. The uptick in upfront-buyer requirements in consent orders is most pronounced in deals reviewed by the U.S. Department of Justice, a change presaged by DOJ speeches and interviews early in the tenure of Assistant Attorney General Bill Baer, a strong proponent of upfront-buyer requirements during his tenure as director of the Bureau of Competition at the Federal Trade Commission....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!