Mergers & Acquisitions Mergers & Acquisitions

Comment: US DOJ’s resistance to remedies hasn't been absolute during Biden administration

By Ilana Kowarski and Flavia Fortes
  • 30 Jan 2023 18:59
  • 30 Jan 2023 18:59
The US Department of Justice during the Biden administration has, in certain circumstances, provided remedy recommendations and accepted remedy offers behind the scenes in merger reviews, avoiding the formality of official settlement agreements but nevertheless participating in unofficial negotiations. 

These rare and tactical moves in the background are a form of prosecutorial discretion;

To view the latest version of this document and thousands of others like it, sign-in to MLex or register for a free trial.

Flavia Fortes

Global Head of Mergers

Flavia writes about merger control, antitrust enforcement and litigation in the U.S. and Brazil. Before joining MLex, Flavia worked as an Antitrust Consultant in the Federal Trade Commission's Office of International Affairs and as a Research Fellow for the American Antitrust Institute. She has written on the intersection of antitrust law and intellectual property law in technology-driven and innovative markets.

Discover MLex

Stay on top of global regulatory developments

Latest News