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