Prior Approval Remedies in M&A: Agency Policy and Practice

Kara Kuritz and Ryan Will examine how shifting FTC policies on prior approval provisions are reshaping merger enforcement, offering in-house legal teams critical insights into navigating antitrust risk. They outline practical strategies for anticipating regulatory scrutiny, understanding divergent FTC and DOJ approaches, and structuring deals to avoid or mitigate burdensome consent order requirements in today’s evolving antitrust landscape.