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In recent investigations of hospital mergers, the merging parties often make the argument that the acquired firm is flailing, if not outright failing. Thus, the argument goes, the transaction is...

Some will remember 1976 as the year of the nation’s bicentennial, but it was also the year that Congress gave the antitrust agencies an important tool to prevent harmful mergers before the harm occurs...

Recently, I appeared on a panel that discussed the Commission’s recent Section 5 cases. While my colleague, BCP Director Jessica Rich, addressed the use of Section 5 to combat modern-day fraud...

Although FTC staff often rely on voluntary requests for information in the early stages of an investigation, the use of official subpoena and civil investigative demands authorized by the Commission...