The Federal Trade Commission pressured two merging companies into making concessions to protect competition in a market that doesn't even currently exist, alleged Commissioner Joshua Wright, who penned a stinging dissent to the agency's consent decree with media researchers Nielsen Holdings N.V. and Arbitron Inc.

Nielsen, represented by Paul, Weiss, Rifkind, Wharton & Garrison partner Aidan Synnott, and Arbitron, which tapped Roxann Henry of Morrison & Foerster, agreed to divest and license assets and intellectual property to win FTC approval for their $1.26 billion combination, the agency announced September 20.