ARTICLE
23 September 2019

FTC Policy and Planning Director Reports Agency Review Of Anticompetitive Implications Of "Common Ownership" Investments

CW
Cadwalader, Wickersham & Taft LLP

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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
In a speech at the Georgetown University Law Center, FTC Office of Policy Planning Director Bilal Sayyed
United States Antitrust/Competition Law

In a speech at the Georgetown University Law Center, FTC Office of Policy Planning Director Bilal Sayyed stated that the agency is "reviewing the economic literature that supports arguments for a more expansive and structure based antitrust enforcement regime." He reported, in particular, that his office is conducting an analysis of empirical and theoretical literature on common ownership in firms that should act as competitors.

As previously covered, the FTC held a hearing on the possible anti-competitive implications of the same institutional investors holding non-controlling equity interests in competing firms in December 2018. According to Mr. Sayyed, the new analysis is a "top priority" for his office, which is concerned that firms that ought to be competitors will not have an incentive to compete if they share common ownership.

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