'Nontraditional Questions' Appearing In FTC Merger Probes

By Bryan Koenig (September 24, 2021, 9:44 PM EDT) -- In at least some merger probes the Federal Trade Commission appears in recent months to have started asking questions that antitrust attorneys say they've never fielded before, including queries about unionization at the merging companies, environmental issues and corporate governance practices.

Vinson & Elkins LLP antitrust practice chair Darren Tucker first cast light on the new lines of questioning during the FTC's Sept. 15 open meeting, telling the commissioners that "in an increasing number of FTC merger investigations," staffers have sought information about how the deals would impact unionization, franchising and environmental, social and governance, or ESG, issues.

To Tucker and...

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