The Federal Trade Commission announced on May 1 that it will host a workshop titled “Eleventh-Hour Antitrust Remedy Proposals and Litigating the Fix” to discuss the growing trend of litigate-the-fix cases and how federal enforcers and courts should address them.
Litigate-the-fix cases occur when merging parties propose remedies late in the antitrust review process or during litigation, requiring courts rather than antitrust agencies to determine if the proposed remedy is adequate. The workshop aims to explore this issue as it becomes more common in merger reviews.
The event is scheduled for Wednesday, May 20 at 9:00 a.m. at the Federal Trade Commission Headquarters, located at 600 Pennsylvania Ave, NW, Washington, D.C., in Conference Room HQ-332. It will also be available via livestream, with access details to be posted on the FTC’s event page in coming weeks. Attendance is free but requires registration.
According to the announcement, "The workshop will feature remarks from FTC Commissioners, FTC and DOJ officials, scholars and other antitrust experts." Attendees can follow discussion updates using the hashtag #FTCLitigateFix on X (formerly Twitter).
The Federal Trade Commission stated that its mission is to promote competition and protect consumers. Information about how competition benefits consumers as well as instructions for filing an antitrust complaint or commenting on a proposed merger are available through official FTC channels.
