FTC to Host Workshop on “Litigate the Fix” Merger Remedy Proposals

The FTC will host a workshop titled “Eleventh-Hour Antitrust Remedy Proposals and Litigating the Fix.” It will discuss the rise in litigate-the-fix cases and how federal enforcers and the courts should respond.

Litigate-the-fix cases arise when merging parties propose remedies late in the antitrust review process or even during litigation, forcing the courts, rather than the antitrust agencies, to determine whether the proposed remedy is sufficient.