Analysis

For DOJ And FTC, Clearing Deals Remains A Gray Area

Law360 (March 20, 2020, 3:44 PM EDT) -- Overlapping jurisdictions have created decades of tension between the U.S. Department of Justice and the Federal Trade Commission over which agency reviews what merger, tension that some practitioners say is more fraught than ever.

Even an agency chief acknowledges that turf fighting is a "horrendous" legacy of unclear jurisdiction between the agencies, but he challenges the notion that things are worse today than in years past.

Both agencies are charged with reviewing mergers for any competitive overlap. But only one agency reviews any given merger. With no statutory dividing line between industries, the enforcers have drawn their own haphazard lines, forcing...

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