Feinstein and Gleklen Discuss Major Merger Review Developments From 2023

Debbie Feinstein, head of the firm’s Global Antitrust group, and Jonathan Gleklen, chair of the firm’s U.S. Antitrust/Competition practice, were featured in the recent Law360 article, “Agencies' Aggressive Merger Approach Was Tested In 2023.” The article recaps major merger review developments from 2023 and highlights the Federal Trade Commission (FTC) and U.S. Department of Justice’s Antitrust Division’s approach to merger enforcement, which has made the agencies less willing to accept fixes from merging parties to address potential concerns.

Feinstein discussed one of the most closely watched merger cases of 2023, the Fifth Circuit's ruling in an antitrust battle between a gene sequencing company and a cancer testing company, and a theory about “potential competition” in the FTC’s challenge of a merger in early 2023. Gleklen discussed the DOJ’s Third Circuit loss in its challenge to U.S. Sugar’s acquisition of Imperial Sugar, which turned in part on whether distributors should be considered competitors in the relevant market.

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