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US FTC shifts away from dual-track merger challenges

By Flavia Fortes ( March 5, 2026, 20:04 GMT | Comment) -- The US Federal Trade Commission is signaling a significant shift in merger enforcement by moving away from its longstanding dual-track litigation model and proceeding exclusively in federal court. The change departs from the agency’s practice of pairing a preliminary injunction action with a parallel administrative trial, a structure that has drawn criticism for creating procedural asymmetries with the Department of Justice and raising broader constitutional questions. If sustained, the move could reshape both the legal standards governing merger challenges and the strategic dynamics facing merging parties.The US Federal Trade Commission is signaling a significant shift in merger enforcement by moving away from its longstanding dual-track litigation model and proceeding exclusively in federal court....

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