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International merger control: US FTC warning letters, UK regime consultation, Ukraine gun-jumping amnesty, global enforcement and FDI updates (July–August 2021)

Published by a LexisNexis Competition expert

Practice notes

Monthly summary of international merger control developments for July/August 2021

This month saw the issue of ‘warning letters’ in the United States where reviews could not be concluded within the 30‑day waiting period, the publication of proposals to amend the UK merger control regime, and the introduction of another gun‑jumping amnesty in Ukraine.

United States—FTC to issue ‘warning letters’ where investigation incomplete after 30 day waiting period

On 3 August 2021, Holly Vedova, Acting Director of the FTC’s Bureau of Competition, confirmed that the FTC has started dispatching standard form letters to merging parties whose deals the agency has been unable to fully assess within the HSR Act’s 30‑day waiting period. These ‘warning letters’ inform the parties that the inquiry is not yet finished and that, if they choose to complete the transaction, they proceed at their own risk.

Separately, on 15 July 2021, the FTC rescinded its 1995 policy statement that had disfavoured the inclusion of prior approval or prior notice provisions in FTC merger consent decrees. Since 1995, such terms—requiring parties to FTC consent decrees to disclose future mergers in the relevant market—had not been inserted into decrees as a routine matter...

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Web page updated on 21/05/2026

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