McDermott, Will & Emery Discusses Recent FTC Consent Agreement Focusing on Competitive Effects


Jon Dubrow and Ryan Leske wrote this bylined article on a recent FTC order regarding a transaction that involves a major Hawaii gasoline terminal. The order “highlight(s) a key trend in the FTC’s merger enforcement: the focus on competitive effects of a transaction, as opposed to the resulting market structure,” the authors wrote, indicating “that the antitrust agencies will consider remedies that address their specific theory of competitive harm, even where the revised transaction generates more concentrated market structures.” Read the full article