Manatt’s Lisl Dunlop, co-chair of the firm’s antitrust and competition practice, was quoted by Law360 for an article on a new bill that could harmonize the merger review procedures of the Federal Trade Commission and the U.S. Department of Justice.
The current law, according to the publication, gives the FTC the option of challenging mergers either in federal court or through an administrative process, whereas the DOJ only files federal lawsuits. The FTC adheres to a lower standard when it seeks a preliminary injunction in court, which often happens concurrently with administrative proceedings and, according to Dunlop, can make FTC cases more difficult.
“The DOJ process to me just feels that much more focused. You’ve all got your eye on the same court, the same judge, the same set of rules,” Dunlop said. “When you’re litigating against the FTC, you’re kind of fighting on two fronts.”