Pub K
Why Courts Are Rejecting Agencies’ Merger Challenges
McDermott Will & Emery – The U.S. Department of Justice’s and the Federal Trade Commission’s losses in three merger challenges in September and a fourth in October demonstrate that merging parties can close difficult transactions if willing to fight the agencies in court. These cases show how difficult it is for the DOJ and FTC to challenge transactions without strong customer opposition and smoking gun documents supporting their theories.