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Change in Approach by FTC Creates New Challenges for M&A Deals

M&A/PE Briefing | September 27, 2021

In a memorandum issued to the FTC staff last week, the new Chair indicated that the agency’s priorities and approaches in reviewing proposed M&A deals will differ from those in the past. The memorandum is one in a series of recent developments indicating that a rapid, significant change in the FTC’s approach is underway. In the attached Briefing, we discuss these developments and the likely impact on M&A deals. We also offer practice points to be considered in light of the new context.

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