What happened
The Federal Trade Commission will host a May 20 workshop on late-stage merger remedy proposals and litigating proposed fixes, spotlighting a procedural fight that has become increasingly important in merger challenges.
The agency said the workshop, titled “Eleventh-Hour Antitrust Remedy Proposals and Litigating the Fix,” will address the rise of litigate-the-fix cases and the proper response by federal enforcers and courts.
According to the announcement, litigate-the-fix disputes arise when merging companies offer remedies late in an antitrust review or during litigation, leaving courts to decide whether the proposed cure is enough.
The program is scheduled for 9 a.m. at the FTC’s headquarters at 600 Pennsylvania Avenue NW in Washington, D.C., in Conference Room HQ-332. The FTC said the event can also be viewed by livestream, with access information to be posted later on the agency’s event page.
The workshop is free and open to the public, but registration is required to attend. The FTC said commissioners, FTC and DOJ officials, scholars and other antitrust experts will participate.