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Key Points Courtroom losses have not deterred the Department of Justice and Federal Trade Commission from challenging mergers based on novel interpretations of the antitrust laws, and we expect the agencies to continue to scrutinize deals aggressively. With time, however, the losses may undercut the agencies’ tough rhetoric and embolden companies. Already, the losses appear to have softened the regulators’ hostility toward remedies such as divestitures.
Boards routinely confront an array of difficult issues. In this issue of The Informed Board, we tackle four of the thorniest and most topical: How to preserve the integrity of a deal process where a key fiduciary (say, a founder, CEO or major shareholder) has a conflict of interest? How much information can a company share from an internal investigation without waiving privilege? Will the Supreme Court’s ruling on university affirmative action policies force changes in corporate DEI policies?
Key Points Courtroom losses have not deterred the Department of Justice and Federal Trade Commission from challenging mergers based on novel interpretations of the antitrust laws, and we expect the agencies to continue to scrutinize deals aggressively. With time, however, the losses may undercut the agencies’ tough rhetoric and embolden companies. Already, the losses appear to have softened the regulators’ hostility toward remedies such as divestitures.
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
