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FTC Takes Another Look at Merger Remedies

Janet (Jan) L. McDavid et al., Hogan Lovells Antitrust and Competition Alert, 15 February 2017

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On 3 February 2017, the U.S. Federal Trade Commission (FTC) released its Merger Remedies Study, which analyzed the success of merger remedies imposed by the FTC from 2006 to 2012. Nearly two decades after it issued a similar report, the FTC has concluded that the remedies in the vast majority of transactions from 2006-2012 successfully maintained or restored competition in their respective markets. The FTC concluded that the report therefore largely confirmed the effectiveness of its existing practices for designing and implementing merger remedies. Although the FTC does not intend to significantly alter its current merger remedies policies, the study provides valuable insight into the FTC’s perspective for companies considering transactions that may require a divestiture. The report also provides new recommended best practices for remedies.

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