Benjamin Dryden Assesses Outlook for Government Merger Cases

Foley & Lardner LLP partner Benjamin Dryden is quoted in the Law360 article, “2023 Is Far From Done With Government Merger Cases,” commenting on what lies ahead for the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) in government merger cases.

“It’s really just an old-fashioned conglomerate effects case, said Dryden, discussing the FTC’s ongoing action against Amgen Inc.’s proposed purchases of Horizon Therapeutic.  “This is a very, very unusual complaint.”

Dryden also assessed the DOJ’s challenge against JetBlue’s acquisition of Spirit Airlines, expressing surprise at the decision to contest as the two airlines combined would remain relatively small compared to the airline industry’s largest companies.

“This isn’t a merger of two of the top four airlines,” he added.

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