FTC Says Debt Withdrawn Count Towards Merger Threshold

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Law360 (Aug 27, 2021, 6:05 p.m. EDT) – The Federal Trade Commission has taken another step to tighten its merger review process, advising companies considering reporting a transaction that they must account for any repaid debt in the part of the case.

FTC Competition Bureau Acting Director Holly Vedova said in a blog post on Thursday that the companies had used the agency’s past informal guidelines to avoid notifying authorities of certain agreements under the Act. the Hart-Scott Rodino Act on Antitrust Improvements.

This guidance, she said, suggested that companies keep transactions below the threshold requiring notification based on the size of the transaction by …

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