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lvzw | 3 years ago

Current antitrust laws do not require harm to have already occurred to challenge a merger. Once an intent to merge has been filed, the FTC/DOJ has a certain amount of time to issue a 'second request'. [1] If the FTC/DOJ finds during their review of the materials turned over from the second request that the merger is likely to be anticompetitive, they will sue to block the merger. This merger in particular would likely be mostly scrutinized according to the horizontal merger guidelines, given the parties' overlap in a specific product/market. [2]

[1]: https://www.ftc.gov/advice-guidance/competition-guidance/gui... [2]: https://www.justice.gov/atr/horizontal-merger-guidelines-081...

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