We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

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...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.