FTC Commissioner Wants To Bring The Hard Merger Cases

Law360 (June 20, 2019, 2:10 PM EDT) -- Commissioner Rebecca Kelly Slaughter of the Federal Trade Commission said Thursday that the agency should sue to block deals it believes are anti-competitive, even if there's doubt the challenge will be successful.

Slaughter, a Democrat, said at an antitrust policy conference in D.C. that while enforcers should make their decisions about whether or not to challenge a deal based on their view of its competitive impact, many times they give more weight to the likelihood of their challenge succeeding in court. But, she said, "an optimal win record is not 100%."

"If we think it is anti-competitive, even if we're not...

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