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Expert Analysis

A Deeper Dive Into Merger Remedies

Law360, New York (February 17, 2017, 4:50 PM EST) -- Merger remedies are a crucial component of antitrust enforcement. In fiscal 2015, 77 percent of the Federal Trade Commission's merger enforcement challenges involved orders to remedy the competitive concern.[1] When properly constructed, remedies eliminate the anti-competitive aspects of a proposed transaction while allowing the remainder of the transaction to proceed. Of course, this is a "win-win" for both the merging parties and the antitrust agencies only if the proposed remedy works as intended....

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