Recent Cases Defy Conventional Merger Control Wisdom

Law360 (February 13, 2020, 5:26 PM EST) -- In the decades since the passage of the Hart-Scott Rodino Act and Tunney Act the following statements about antitrust merger practice have become conventional wisdom.

Statements of Conventional Wisdom

Expiration or termination of the HSR waiting period is functionally (though not legally) equivalent to approval.

Although there is no statute of limitations on the U.S. Department of Justice or Federal Trade Commission’s enforcement of Section 7 and termination of the waiting period is not legally equivalent to approval, it has been extremely rare for the DOJ or FTC to terminate a waiting period and then subsequently open a further investigation of the...

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