BRIEF—FTC authorizes resolutions for investigations of M&A

The US Federal Trade Commission (FTC) announced on Friday that it has approved three omnibus resolutions authorizing compulsory process in investigations, one of which related to mergers, acquisitions, and transactions.

The omnibus resolutions in these three areas will eliminate the need for FTC staff to seek compulsory process in each related case. Not individually authorizing compulsory process in each matter removes an unnecessary and time-consuming barrier to staff’s pursuit of an investigation.

The omnibus resolution governing proposed mergers, acquisitions, and transactions approved will allow for quick investigations of all mergers, including those that fall below the value thresholds that require reporting to the antitrust agencies under the Hart-Scott-Rodino Act (HSR).

The  Commission’s 6(b) study on non-HSR reported acquisitions by technology companies highlighted how some of the largest firms in economy have made hundreds of acquisitions that are not being reported to the FTC or the Department of Justice (DoJ).