It’s time to begin writing an obituary for modern merger review at the Federal Trade Commission.
This isn’t the result of major legislative action. It isn’t courtesy of President Biden’s executive order “on competition.” Nor is it because of an official change in policy approved by the full Commission—although there’s been much of thatlately. Instead, it comes in the form of a seemingly benign blog post on the Federal Trade Commission’s website.
In the words of T.S. Eliot, the death of modern merger review comes “not with a bang but a whimper.”
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