Cost And Opportunity In Suspending Early Merger Clearances

Law360 (February 8, 2021, 6:36 PM EST) -- On Feb. 4, the Federal Trade Commission announced that, with the support of the Antitrust Division of the U.S. Department of Justice, it would temporarily suspend the practice of granting early termination to filings made under the Hart-Scott-Rodino Antitrust Improvements Act of 1976.[1] 

During the suspension, the FTC, with DOJ support, will review the processes and procedures used to grant early termination.

Acting FTC Chairwoman Rebecca Kelly Slaughter cited a "historically unprecedented volume" of HSR filings in early 2021, the transition to a new presidential administration and the pandemic as reasons for the move.[2]

The suspension appears to have effectively begun...

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