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Episode 4 – A cloudy future for FTC Administrative Merger Challenges following the Commission’s Abandonment of its case against Axon
In a notable turn of events, the Federal Trade Commission (FTC) announced that it would abandon its in-house post-consummation challenge of the 2018 acquisition by Axon Enterprise, Inc. (“Axon”) of VieVu, LLC (“VieVu”). The FTC’s decision follows a recent adverse ruling from the Supreme Court, which held that parties are entitled to assert constitutional challenges against the FTC before being required to participate in its administrative proceedings.
In a statement announcing the decision, the FTC said it abandoned its administrative actions because of the “increasingly unlikely possibility of reaching a timely resolution of the antitrust merits that led to the filing of [the] complaint in the first place.” Following the Supreme Court’s decision, the FTC is likely to confront more challenges when pursuing enforcement actions—including, in particular, merger challenges—through its in-house administrative proceedings.
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By Baker McKenzie's Brian BurkeIn a notable turn of events, the Federal Trade Commission (FTC) announced that it would abandon its in-house post-consummation challenge of the 2018 acquisition by Axon Enterprise, Inc. (“Axon”) of VieVu, LLC (“VieVu”). The FTC’s decision follows a recent adverse ruling from the Supreme Court, which held that parties are entitled to assert constitutional challenges against the FTC before being required to participate in its administrative proceedings.
In a statement announcing the decision, the FTC said it abandoned its administrative actions because of the “increasingly unlikely possibility of reaching a timely resolution of the antitrust merits that led to the filing of [the] complaint in the first place.” Following the Supreme Court’s decision, the FTC is likely to confront more challenges when pursuing enforcement actions—including, in particular, merger challenges—through its in-house administrative proceedings.