Scott schwartz manatt1/6/2024 ![]() Any transaction or other strategic plan that arguably limits choice will likely be scrutinized by this Commission.ġ Press Release, Fed. The FTC will likely target competitive actions that allegedly contribute to the economic challenges that Biden and his antitrust enforcers believe need to be addressed. With this new Democratic FTC majority, companies would be well-advised to consider how their products and services are benefiting consumers, such as by innovating or expanding services. 6Ĭhair Khan has also said that “concentration across markets and a variety of consequent harms have prompted broad reassessment of our antitrust enforcement tools and frameworks.” 7 It is likely that a view toward limiting “consequent harms will be within reach with the new Democratic majority on the FTC.” In addition to the focus on merger enforcement, the Commission is expected to take expanded interests in online privacy, 8 fair lending and tech platform enforcement. ![]() In January, the Democratic chair, Lina Khan, stated her position that the FTC and DOJ must work together to update merger guidelines to stop deals that are allegedly anticompetitive. The new Democratic majority on the Commission creates the potential for more activity in key industries, which President Biden previously stated were technology, Internet service, healthcare, banking, beer/wine/spirits, transportation/shipping, agriculture, defense, and labor generally. 4 To preclude mergers that are alleged to have these effects, the FTC may take action in the courts. ![]() 3 The FTC seeks to prevent perceived abuses of monopoly power, which are argued to result in higher prices or lower-quality goods for consumers. The FTC typically receives information regarding potential mergers through Hart-Scott-Rodino filings and makes determinations regarding the legality of mergers.
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