The Widening Gap Between FTC, DOJ Merger Review

Law360 (January 6, 2009, 12:00 AM EST) -- Over the course of the past year, there has been a growing divergence in merger enforcement between the U.S. Federal Trade Commission and Department of Justice as the FTC has pressed in federal court its position that substantive merger review belongs to the FTC, not the courts.

As a result of the FTC's success in these efforts, the FTC's burden for obtaining an injunction and the procedure associated with an FTC challenge have become so dissimilar from its sister agency, the DOJ, that parties can reasonably...
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