The US FTC resurrects the unilateral pre-approval in merger investigation settlements to halt future anticompetitive mergers

Concurrences Bulletin, Michael A. Gleason, Lin W. Kahn, Bruce McDonald, Jeremy P. Morrison and Craig A. Waldman, 25 October 2021, e-Competitions

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The Federal Trade Commission ("FTC") revived a long-abandoned policy requiring that Commission orders settling FTC merger investigations include a "prior approval" clause that grants the FTC the unilateral authority to approve (or deny) certain future transactions for a minimum of 10 years.

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