Courts are behind the times when it comes to reviewing merger cases, making it harder for regulators to block the ones that may harm competition, according to an antitrust lawyer who recently left a senior post at the Federal Trade Commission.
Speaking to a gathering of fellow antitrust attorneys on Wednesday, Susan Creighton, formerly the head of the FTC’s Bureau of Competition and now a partner at Wilson, Sonsini, Goodrich & Rosati, said federal judges continue to base merger review decisions on court precedents established in the 1960s that emphasize the number of players remaining in a market post-merger.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]