McCarter & English partner and former DOJ Antitrust Division attorney Robin Crauthers spoke with The Deal about the growing trend of companies choosing to “litigate the fix” by proposing last-minute remedies aimed at influencing judges after the FTC fails to block a multi-million-dollar acquisition. Robin noted, “The courts seem to be much more amenable to these fixes that are happening after the agencies file a complaint,” particularly when the proposals would foster strong competition against the merged entity. She added, “This is putting parties on notice that they can potentially fix their merger problems even after the DOJ or the FTC file a complaint.”
11.24.2025