Analysis

FTC, DOJ Show No Sign Of Resuming Early Merger OKs

By Bryan Koenig (May 6, 2021, 9:57 AM EDT) -- The U.S. Department of Justice and the Federal Trade Commission said their suspension of early ends to merger reviews wouldn't last long, but three months later, the agencies have given no sign they'll soon restore the early terminations granted to huge numbers of transactions.

Antitrust professionals say they're adapting, telling clients to assume all reviews of transactions subject to antitrust scrutiny — from mergers above certain financial thresholds to some stock deals — will last the full 30-day waiting period established by the Hart-Scott-Rodino Act, even if a deal seems competitively innocuous like most of those reviewed by enforcers. Practitioners also...

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