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Innovation Risks May Make Deals 'Unfixable,' DOJ Vet Says

Law360, Washington (April 12, 2018, 5:10 PM EDT) -- A senior U.S. Department of Justice official warned Thursday that companies involved in deals where the core problem is that the prospective partners compete aggressively to create new products and technology may find it impossible to come up with antitrust fixes that will satisfy government enforcers.

As merger reviews look increasingly at innovation and the harm that a deal might do to the level of research and development in particular markets, antitrust authorities may not be able to have “comfort in a piecemeal” asset divestiture with...
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