As the deadline for new merger filing rules approaches, companies are hurrying to notify antitrust agencies about pending deals. The U.S. Federal Trade Commission (FTC)’s new rule, effective after 5 p.m. today, is expected to triple the average workload for regulatory clearance on transactions exceeding $126.4m. The rule aims to modernize merger clearance requirements and enhance regulatory oversight. However, concerns have been raised about the potential for inadequate review of deals due to increased filings and a reduced federal workforce. The private equity sector has opposed the rule, leading to legal challenges. Members of Congress are also considering legislative action. “What would be ideal for dealmakers, is if Congress does act, that the FTC takes notice and decides that for continuity purposes, they would keep the current rules in place,” said Aleksandr Livshits, an antitrust partner at Fried Frank.
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