Administrative/Regulatory,
Civil Procedure
Aug. 21, 2023
A new home court for the FTC in pre‑merger challenges?
Whatever the reason, the FTC seems intent – at least for now – on pursuing merger challenges in the federal courts of California. This strategy has several implications for businesses considering a merger or acquisition that may be subject to FTC scrutiny.
Joshua Wesneski
Counsel
Complex Commercial Litigation practice at Weil, Gotshal & Manges LLP
Christopher Lee
Associate
Complex Commercial Litigation practice at Weil, Gotshal & Manges LLP
In prior administrations, when the FTC pursued federal litigation in order to obtain a preliminary injunction against a proposed merger, it nearly always filed in the United States District Court for the District of Columbia. That trend has shifted dramatically in recent years as the FTC now appears to be favoring other venues, most notably the Northern District of California and other federal district courts in California. There are several possible explanations for ...
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