Benjamin Dryden on Government View of Merger Remedies – ‘No secret they are skeptical’

Foley & Lardner LLP partner Benjamin Dryden assessed the U.S. Department of Justice’s and Federal Trade Commission’s increasingly aggressive scrutiny on mergers in the Law360 article, “What We’ve Learned From Biden-Era Merger Remedies.”

“They’ve made no secret of the fact that they are skeptical of merger remedies,” commented Dryden, who is vice-chair of Foley’s Antitrust & Competition Practice.

He explained that companies have realized that while government agencies are unlikely to accept offered remedies to address competition concerns, “a court might.” As a result, companies are potentially more willing to fight enforcers in court.

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