Mergers & Acquisitions Mergers & Acquisitions

Bankruptcy risk insufficient for failing firm defense in merger cases, senior FTC official says

By Flavia Fortes
  • 16 Sep 2020 16:19
  • 16 Sep 2020 16:19
The mere risk of bankruptcy is insufficient for companies to invoke the 'failing firm' defense in a merger, a senior official from the US Federal Trade Commission said.

“The idea of failing is not the same as bankruptcy or being unable to pay the bills,” said Kelly Signs, deputy assistant director of the

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