The FTC Is Making M&A More Difficult

The FTC Is Making M&A More Difficult

As we predicted new FTC Chair Lina Khan is making it increasingly difficult for firms to execute M&A transactions. Recently the FTC rolled out new policy changes that provide the agency with veto power over a given company’s future M&A transactions once that company attempts an anticompetitive (as defined by the FTC) merger or acquisition. The FTC plans to roll out new procedures which will force companies to seek prior approval for “sizeable” (“sizeable” is undefined), M&A transactions. Our view of course is that the FTC ought to have an extremely limited role as it relates to M&A. In our perfect world construct the FTC would not have a role in M&A, nor would it exist for that matter.