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FTC Dems Say Merger Surge Strains 30-Day Review Timeline

Law360

08 Nov 2021

Vishal Mehta spoke to Law360 about the Federal Trade Commission’s (FTC) Democrats calling for additional funding and legislative changes to address a massive surge in deal notifications in a statement issued as part of an annual report on merger filing, while the Republican commissioners argued that a spike last year was addressed without any of the sweeping changes the Democrats have pushed through.

“While the report itself is unremarkable, the dueling statements from the FTC commissioners reflect the political divide within agency leadership and, more broadly, an argument over the future of U.S. merger enforcement,” Vishal said. “Chair Khan and Commissioner Slaughter cite unprecedented deal flow and resource constraints as factors necessitating equally unprecedented reforms. On the other hand, Commissioners Philips and Wilson argue that the reforms themselves are needlessly complicating review and fundamentally distorting merger enforcement as we know it.”

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