September 11, 2023

Justin (Gus) Hurwitz: “A Bad Merger of Process and Substance: Changing the Merger Guidelines and Premerger Review Form”

On June 27, 2023, the Federal Trade Commission (“FTC”) announced proposed changes to Hart-Scott-Rodino Act (“HSR Act”) premerger notification form. Less than a month later, on July 19, the FTC and Department of Justice (“DOJ”) announced proposed changes to the agencies’ joint merger guidelines. These proceedings are closely related, both part of the Biden administration’s...
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