The Risks Of Altering FTC Merger Review Practices

Law360 (December 16, 2008, 12:00 AM EST) -- The Federal Trade Commission may be nearing a decision to make substantial changes to its Part 3 administrative trial procedures that would shorten trial times and allow the Commission or individual Commissioners to assume trial functions previously performed by administrative law judges.

The FTC has explained that the changes aim to improve the speed and quality of administrative trials.[1] The new rules also seek to justify more cursory preliminary review by Article III courts, particularly in antitrust merger cases.

The FTC should put on hold at...
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