Negotiating Merger Remedies with the Antitrust Division and Litigating the Proposed Fix.
Mondaq Business Briefing › Nbr. 2006, January 2006
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Negotiating Merger Remedies with the Antitrust Division and Litigating the Proposed Fix.
By Thomas J. Horton.1
I. FTC and Antitrust Division Policies Since the passage of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, 15 U.S.C. s.18(a) ("HSR Act"), the Antitrust Division frequently negotiates with merging parties as to appropriate potential relief that falls short of fully blocking a proposed merger. In many cases, the negotiated settlements maintain or restore the competition that was potentially lost due to the merger. In other cases, however, such remedies fall short when implemented, and critic...See the full content of this document
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