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Simons dips into hostile waters with FTC merger remedies criticism

When asked to name the top three challenges facing the Federal Trade Commission, Joseph Simons pointed to the failure rate of the agency’s merger remedies. The nominee to be chairman said the rate “needs to be lowered substantially or zeroed out altogether.”

More specifically, Simons honed in on “cases involving divestitures of asset packages not involving stand-alone businesses,” which had a 30 percent failure rate, according to a study by the FTC of its merger remedies between 2006 and 2012.

“That rate is too high,” he...

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