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

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