New FTC Approach On Debt In Mergers Fuels Atty Uncertainty

By Justin Wise (October 7, 2021, 9:23 AM EDT) -- The Federal Trade Commission recently laid out an enforcement approach it says is designed to stop parties from circumventing a certain filing requirement for planned mergers, brewing uncertainty among some antitrust attorneys about how significant a change will hit a hot practice area.

The new approach, outlined in a late August blog post, has produced questions on how deep an impact it will have on practices that regularly advise on the federal premerger notification program, which was established under the Hart-Scott-Rodino Antitrust Improvements Act.

Some lawyers told Law360 Pulse their practices are as busy as ever, as the volume of deals...

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