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Litigate or Negotiate: Governmental Approaches to Merger Remedies

October 13, 2021 (1 min read)

When a concern about a transaction arises, the U.S. antitrust authorities, the Federal Trade Commission (FTC), and the Department of Justice (DOJ) typically pursue their concerns in one of two ways. The reviewing authority may negotiate a settlement with the parties to address any antitrust concerns while allowing the transaction to proceed. Alternatively, if the parties cannot reach a settlement or the antitrust authority believes there is no solution short of enjoining the merge, the authority may initiate a litigation challenge.

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