2014 Elections May Lead To Changes In Antitrust Merger Review
Currently, DOJ and FTC have separate standards for blocking a merger. The DOJ must show irreparable harm in order to obtain a preliminary injunction, but the FTC only has to show that blocking the deal with be in the public interest. The bill would require both agencies to meet the traditional irreparable harm standard. An interesting Law360 article was published about the SMARTER bill and other antitrust and consumer protection reforms that may result from the 2014 elections and Republican control of the Senate.
Labels: 2014 elections, antitrust, DOJ, Election, FTC, irreparable harm, merger review, preliminary injunction, Republican control of Senate, SMARTER, Standard Merger and Acquisitions Review Through Equal Rules Act