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On 25 October, the FTC released a Statement on the Use of Prior Approval Provisions in Merger Orders (Prior Approval Statement) making clear that the agency intends to include in all divestiture orders a requirement that the...more
New guidance from the Federal Trade Commission's ("FTC") staff describes the FTC's views on "post-order" divestitures and highlights the difficulties in persuading the FTC to abandon its preference for upfront buyers in...more
On October 22, 2018, the FTC announced it had reached a settlement with industrial gas suppliers Praxair, Inc. and Linde AG (the “Parties”) arising out of their proposed merger. According to the FTC’s Complaint, issued by 4-1...more
In an era of robust merger enforcement by the U.S. antitrust agencies, opportunities abound for private equity firms to acquire divested businesses for value. These acquisitions of divested businesses are increasingly subject...more