US FTC likely to see rise in failing firm defense, official says – ABA Spring Meeting

29 April 2020 - 12:00 am UTC

The US Federal Trade Commission (FTC) received a number of not “particularly persuasive” failing firm merger defenses before the coronavirus pandemic and it is likely to receive more amid the crisis, a senior agency official said.
Speaking on the Hot Topics panel at the American Bar Association’s Virtual Antitrust Spring Meeting today (28 April), FTC Commissioner Rebecca Slaughter said the agency has not relaxed its standards or expectations when conducting merger reviews.
When asked for comment on the FTC and Department of Justice’s draft vertical merger guidelines issued in January, Slaughter said she could not give a substantive perspective at this time as the agencies are in the middle of a comment period.
 
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