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Attorneys See Khan Expanding Authority to Target Serial Tech Deals

Communications Daily

20 Jul 2021

David Shaw spoke to Communications Daily about the possibility of Federal Trade Commission (FTC) Chair Linda Khan rescinding a 1995 policy statement on prior notice and prior approval remedies in transactions and how it could impact the tech industry. 

David agreed rescission could affect innovation: most immediately, it could raise the cost of settling a merger investigation with the FTC because a company might agree to conditions “to get that particular deal done,” but not “want to give the FTC veto power over potential future deals.”

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