You’ll never see Tiger Woods ask for a do-over, also known in golfing circles as a “mulligan.” The rules of golf prohibit mulligans. In the eyes of the U.S. Federal Trade Commission, however, the rules of antitrust do not. According to Bruce Hoffman, Director of the FTC’s Bureau of Competition, it may take some mulligans as the Bureau revisits previously approved mergers, particularly in the technology sector. In testimony before the U.S. Senate Subcommittee on Antitrust, Competition Policy and Consumer Rights, Hoffman announced that the FTC has begun reconsidering certain approved and completed mergers in the digital technology markets. Upon re-examination, Hoffman says, the FTC may reverse its own prior approval and seek remedies including the unwinding of mergers that it may have gotten wrong the first time around. For companies subject to such re-review, the prospect of post hoc divestiture is definitely not “par for the course.”
About Faruqi & Faruqi, LLP
Faruqi & Faruqi, LLP focuses on complex civil litigation, including securities, antitrust, wage and hour, personal injury and consumer class actions as well as shareholder derivative and merger and transactional litigation. The firm is headquartered in New York, and maintains offices in California, Delaware, Georgia and Pennsylvania.
Since its founding in 1995, Faruqi & Faruqi, LLP has served as lead or co-lead counsel in numerous high-profile cases which ultimately provided significant recoveries to investors, direct purchasers, consumers and employees.
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About Stephen Doherty
Stephen Doherty is Senior Counsel in the Pennsylvania office of Faruqi & Faruqi, LLP. Mr. Doherty practices in the area of antitrust law and is significantly involved in prosecuting antitrust class actions on behalf of direct purchasers of brand name and generic drugs and charging pharmaceutical manufacturers with price fixing and with illegally blocking the market entry of less expensive competitors. Earlier in his career, Mr. Doherty litigated consumer fraud and employment discrimination cases in both state and federal courts in Pennsylvania and New Jersey. He has served on numerous volunteer boards, including Gilda's Club of Delaware Valley and the BCBA Pro Bono Committee, has served as a volunteer instructor for VITA Education Services, and as a pro bono lawyer for the Consumer Bankruptcy Assistance Project.Mr. Doherty is a 1992 graduate of Temple University Law School, where he was senior staff for the Temple Law Review and received several academic awards and is the author of Joint Representation Conflicts of Interest: Toward A More Balanced Approach, 65 Temp. L. Rev. 561 (1992). Mr. Doherty is a 1988 graduate of Dickinson College (B.A., Anthropology and Latin American Studies).