Chilling Tech M&A Could Hurt Competition

Law360 (June 23, 2020, 5:18 PM EDT) -- "Killer acquisitions," transactions involving nascent competitors, and other potential competition theories of harm have been a hot topic in antitrust enforcement circles, particularly when the acquirer is a large technology company.

U.S. Department of Justice officials have discussed extending the use of Sherman Act Section 2 to go after acquisitions of potential competitors that may not be actionable under Clayton Act Section 7, the statute traditionally used to block anti-competitive mergers.[1]

The Federal Trade Commission has announced it is studying nonreportable acquisitions consummated by big tech firms over the past decade.[2] An FTC commissioner recently mentioned that the agency expects to...

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