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FTC, DOJ Show No Sign of Resuming Early Merger Oks

06 May 2021

Vishal Mehta spoke to Law360 about the agencies’ ongoing suspension of grants of early termination of the HSR waiting period, and what it might mean for merger enforcement going forward.

“It is difficult to tell whether the continuation of the suspension for over two months now signals a fundamental change that might be coming to the early termination process, the HSR [Hart-Scott-Rodino] Act, or its implementing regulations,” Vishal said. “However it’s possible that during the suspension and afterwards, . . . the agencies might decide . . . for certain numbers or certain types of transactions, to grant ET on a less frequent basis.”

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