In the Press
January 2, 2023

2023 To Be A Year Of Merger Appeals, Fix-First Fights (Law360)

Professionals

U.S. antitrust enforcers are starting 2023 with a bad batting average on litigated merger challenges that they're hoping to reverse in a bid for new law discouraging problematic deals, helped along by major overhauls of their underlying policies, according to Law360. The FTC is likely to rely on the guideline overhaul to justify its efforts to stop mergers that don't necessarily violate merger laws but either lead to unfair competition or threaten potential competition. The revisions could put "more meat on the bone" after the FTC issued an extremely broad vision of its enforcement authority under Section 5 of the FTC Act, according to Antitrust & Competition co-chair Andrew Lacy.