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Sara Razi Quoted in Law360 on FTC and DOJ’s Approach to Merger Remedies

04.23.24

Sara Razi, Global Co-Chair of the Firm’s Antitrust and Trade Regulation Practice, was quoted in a Law360 article titled, “What We’ve Learned From Biden Era Merger Remedies.” The article explored the FTC’s and DOJ’s approaches to merger remedies amid the current administration’s aggressive antitrust enforcement regime and explained the challenges companies can face in convincing enforcers to accept remedies. When reflecting on the uptick in “litigate-the-fix” disputes, Sara explained that the agencies might be extending their authority when they have insisted that a divestiture fully restore any competitive intensity threatened by a transaction as opposed to barring only mergers that pose a “substantial” threat to competition as noted in Section 7 of the Clayton Act. “That’s different from a complete restoration of competition. It’s a lower bar than what the government's advocating,” she said.

To read the full article, please click here (subscription required).