U.S. FTC to vote on rescinding policy nixing 'prior approval' remedies

Reuters

Published Jul 12, 2021 01:57PM ET

Updated Jul 12, 2021 02:30PM ET

By David Shepardson

WASHINGTON (Reuters) -The U.S. Federal Trade Commission (FTC) said on Monday it will vote July 21 on whether to rescind a 1995 policy statement regarding “prior approval” and “prior notice” remedies in merger cases.

The FTC said in 1995 it would no longer require prior approval of certain future acquisitions in such orders as a routine matter.

But the FTC's commissioner at that time, Mary Azcuenaga, objected to the agency's decision to abandon the longstanding policy. She noted that the "prior approval requirement is imposed only on firms that have attempted unlawful acquisitions" and argued it was "less costly than a new investigation of a proposed transaction and a second challenge under the law."