06Nov
FTC Commissioners Question Use of Divestiture as an Effective Merger Remedy
Divestiture has long been considered an appropriate and effective remedy for anticompetitive horizontal mergers. The Federal Trade Commission (“FTC”), as reflected in the Statement of the Bureau of Competition entitled Negotiating Merger Remedies, and the Antitrust Division of the Department of Justice, as stated in its updated Merger Remedies Manual, agree that divestiture can effectively “preserve competition,” i.e., the ultimate goal of a merger remedy....
By:
Epstein Becker & Green
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