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GTCR ruling to advance US precedent on litigating the fix, divestitures

By Flavia Fortes and Curtis Eichelberger ( September 11, 2025, 21:52 GMT | Comment) -- A ruling on the US Federal Trade Commission's challenge against GTCR’s merger with Surmodics is poised to join a series of merger cases that are steadily defining judicial precedent on litigating the fix and scrutiny of the sufficiency of a divestiture, including whether it must function as a standalone business. A federal judge in Illinois is set to decide the legal standard for granting a preliminary injunction, weighing whether the transaction is likely to substantially lessen competition and whether the proposed remedy can be considered in that analysis. A ruling on the US Federal Trade Commission challenge against GTCR’s merger with Surmodics is poised to join a series of merger cases that are steadily defining judicial precedent on litigating the fix and scrutiny of the sufficiency of a divestiture, including whether it must function as a standalone business....

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