FTC’s New Prior Approval Policy Affects Merging Parties and Buyers of Divested Assets

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Effective October 25, 2021, the Federal Trade Commission (FTC) has adopted a new policy providing increased scrutiny of merger and acquisition activity for potential anti-competitive effects. The new policy applies to consent orders that merging firms enter into with the FTC to resolve investigations concerning competition in a relevant antitrust market that require the divestiture of certain assets.

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