FTC Adjusts its Merger Review Process to Deal with Increase in Merger Filings

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The Federal Trade Commission is adjusting its process for reviewing mergers to deal with a surge in merger filings.

In a new blog post, FTC Bureau of Competition Director Holly Vedova notes, “for deals that we cannot fully investigate within the requisite timelines [under the Hart Scott Rodino Act], we have begun to send standard form letters alerting companies that the FTC’s investigation remains open and reminding companies that the agency may subsequently determine that the deal was unlawful. Companies that choose to proceed with transactions that have not been fully investigated are doing so at their own risk.” 

When sent, the letters will remind companies that the FTC may subsequently determine that their deal is unlawful and seek to undo the transaction. 

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