U.S. FTC

According to a review from international law firm Arnold & Porter, of the more than 1,600 proposed mergers in 2015, the FTC and DOJ collectively brought formal actions in 34 cases. Of these, the vast majority (23 or 68%) were resolved by consent decree. A&P’s report notes that eight or 24% of the 34 cases where authorities brought formal actions were challenged in court, while three of the 34 or 9% were abandoned by the merging parties due to the threat of litigation. In just one case of the 34 (the Steris/Synergy merger of medical product sterilization providers) the FTC lost as it was unable to demonstrate the transaction would substantially lessen competition.

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