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Biden Administration Merger Challenges: Can the agencies turn around a losing record?

The DOJ and FTC under the Biden Administration have taken an aggressive approach to merger enforcement, eschewing consent decree settlements for litigated merger challenges in a number of high profile transactions. But, the agencies have run into a judiciary skeptical of the merits of the agencies’ claims of anticompetitive effects, handing them defeats in Illumina/Grail, UnitedHealth/Change, US Sugar/Imperial, and Booz Allen/Everwatch. Join this session to hear discussion whether the judicial resistance to FTC’s and DOJ’s ambitious enforcement agenda will change the agencies’ approach? Or if the agencies will continue to push the limits of merger enforcement and continue to bring cases that do not hew closely to traditional theories of harm recognized by the courts.

Jan 19, 2023 12:00 PM in Pacific Time (US and Canada)