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Partner Ben Gris and associate Mark G. Weiss (both Washington, D.C. – Antitrust) authored an article in The M&A Lawyer titled “The FTC’s Consent Decree in the Staples/Essendant Deal Sets the Playing Field for the New Commission’s Split on Antitrust Enforcement.” The article notes that the length and depth of the review shows that the FTC is quite active and thorough, even when investigating vertical deals. The authors also argue that the review of this deal reveals fundamental disagreements between the new commissioners and a deep schism over the correct level of merger enforcement and methods to police growing industry consolidation.
