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Competition Matters

Just because it’s ancillary doesn’t make it legal

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In The Wizard of Oz, Dorothy was told to ignore the man behind the curtain. Some may argue that the same guidance applies to ancillary parts of a merger or joint venture agreement. These can include...
Competition Matters

Updating best practices for data submissions

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The FTC’s Bureau of Economics is updating its guidance regarding the best practices for submitting data and economic analysis related to antitrust investigations. BE routinely engages in econometric...
Competition Matters

Technology Task Force looking for technology fellow

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Are you a fast-learning, tech-savvy professional driven to use your expertise to help ensure that competitive technological innovation benefits consumers? Then the FTC may have a unique opportunity...
Competition Matters

Interlocking Mindfulness

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The wellness strategy of the moment is mindfulness: focusing on the present and being completely aware of your situation. Even in the corporate sphere, there are good reasons for anyone in governance...
Competition Matters

Unpacking Divestiture Packages

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Crafting effective merger remedies is one of the Commission’s most important tasks. Done well, a divestiture prevents the competitive harm likely to result from a proposed merger and ensures that...
Competition Matters

Joining the issues on the high road

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The great majority of attorneys appearing before the Commission share a sense of practicing at the height of our profession. They engage with Commission staff on pressing issues of fact, antitrust law...
Competition Matters

In submissions, brevity’s better

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In written submissions to the Bureau or the Commission, be brief, be direct, and avoid repeating points made in previous papers. Wherever possible, multiple aligned parties should prepare joint...
Competition Matters

The uphill case for a post-Order divestiture

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Designing effective merger remedy orders is one of the Commission’s most important tasks. An effective merger remedy prevents the merger from causing harm. For many years – ever since our 1999...
Competition Matters

HSR threshold adjustments and reportability for 2019

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When Congress passed the Hart-Scott-Rodino Antitrust Improvements Act of 1976, it created minimum dollar thresholds to limit the burden of premerger reporting. In 2000, it amended the HSR statute to...
Competition Matters

U.S. Privilege Following Akzo Nobel v. European Commission

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Lawyers who have been paying attention to such things might recall the predicted fallout from the decision in Akzo Chemicals Ltd v. European Commission, Case C-550/07-P (September 14, 2010). In Akzo...
Competition Matters

FTC at work outside the Beltway

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This week, we are celebrating the 100th anniversary of the opening of the first FTC regional office. According to the Commission’s 1918 Annual Report, the FTC first established three branch offices in...
Competition Matters

Lessons from FTC v. Wilhelmsen for merger practitioners

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Last month, Judge Tanya S. Chutkan of the United States District Court for the District of Columbia granted the FTC’s Motion for Preliminary Injunction, halting Wilhelmsen’s proposed acquisition of...
Competition Matters

It takes less time to do a thing right

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Longfellow said “It takes less time to do a thing right than to explain why you did it wrong.” We agree, especially when it comes to designing effective merger remedies—ones that maintain competition...
Competition Matters

Timing is everything: The Model Timing Agreement

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The Bureau of Competition has undertaken several initiatives to streamline our merger review process in order to reach swifter resolutions—whether that be clearance, a negotiated settlement, or a...