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Event Description

The FTC will host a workshop titled “Eleventh-Hour Antitrust Remedy Proposals and Litigating the Fix.” It will discuss the rise in litigate-the-fix cases and how federal enforcers and the courts should respond.

Litigate-the-fix cases arise when merging parties propose remedies late in the antitrust review process or even during litigation, forcing the courts, rather than the antitrust agencies, to determine whether the proposed remedy is sufficient. 

The event is free and open to the public. Registration is required to attend. 

  • Agenda

    Wednesday, May 20

    9:00AM

    Introduction
    9:05AM

    Opening Remarks from FTC Chairman Andrew Ferguson
    9:20AM-10:30AM

    Panel 1: Defining the Problem

    This panel will explore how remedies often work in the merger review process; the respective incentives of merging parties and enforcers; what can happen when remedy negotiations break down; and the potential implications of unilateral remedy proposals by parties on the eve of litigation.

    • Moderator: Jana Seidl

    • Rohan Pai

    • Barry Nigro

    • Maureen Ohlhausen

    • Andrew Finch 
    10:30AM

    Ten-Minute Break
    10:40AM-11:10AM

    Fireside Chat with Judge Eskridge, facilitated by Dan Guarnera
    11:10AM

    Mid-Morning Remarks from Acting Assistant Attorney General Omeed Assefi, U.S. Department of Justice Antitrust Division

    11:20AM

    Five-Minute Break
    11:25AM-12:35PM

    Panel 2: Possible Solutions

    This panel will discuss how parties and enforcers can facilitate timely remedy negotiations and how the antitrust agencies could and should address the challenges of litigating the fix.

    • Moderator: David Shaw

    • Nathan Brenner

    • Daniel Crane

    • Alex Okuliar

    • Susan Musser 
    12:35PM

    Closing Remarks from FTC Commissioner Mark Meador

FTC Privacy Policy

Under the Freedom of Information Act (“FOIA”) or other laws, we may be required to disclose to outside organizations the information you provide when you pre-register for events that require registration. The Commission will consider all timely and responsive public comments, whether filed in paper or electronic form, and as a matter of discretion, we make every effort to remove home contact information for individuals from the public comments before posting them on the FTC website.

The FTC Act and other laws we administer permit the collection of your pre-registration contact information and the comments you file to consider and use in this proceeding as appropriate. For additional information, including routine uses permitted by the Privacy Act, see the Commission’s Privacy Act system for public records and comprehensive privacy policy.

This event will be open to the public and may be photographed, videotaped, webcast, or otherwise recorded.  By participating in this event, you are agreeing that your image — and anything you say or submit — may be posted indefinitely at ftc.gov or on one of the Commission's publicly available social media sites.

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