The Federal Trade Commission (FTC) announced it will host a workshop titled “Eleventh-Hour Antitrust Remedy Proposals and Litigating the Fix” on May 20, 2026, at its Washington, D.C. headquarters. The event will examine the increasing trend of merging parties proposing remedies late in the antitrust review process or during litigation, placing the burden on courts rather than agencies to evaluate these fixes.
Workshop Details and Participants
The workshop will begin at 9:00 a.m. at the FTC’s conference room HQ-332, located at 600 Pennsylvania Avenue NW. It will also be livestreamed, with access details to be provided on the FTC’s event page. Attendance is free but requires registration.
Participants include FTC Commissioners, officials from the FTC and the Department of Justice (DOJ), legal scholars, and antitrust experts who will discuss how enforcement agencies and courts should respond to late-stage remedy proposals.
Focus on “Litigate-the-Fix” Merger Remedies
“Litigate-the-fix” cases occur when parties submit proposed remedies very late in the merger review process, often after formal challenges or litigation have begun. These last-minute proposals compel courts to decide whether the offered remedies adequately address competition concerns, effectively shifting a complex enforcement decision from agencies to the judiciary.
Why it matters
The workshop aims to clarify best practices for handling “litigate-the-fix” proposals, which have become more frequent and can complicate antitrust enforcement. The FTC seeks to ensure remedies protect competition while maintaining procedural efficiency in merger reviews and litigation.
About the FTC
The FTC’s mission is to promote competition and protect consumers through law enforcement, advocacy, research, and education. It enforces federal antitrust laws to prevent anticompetitive business practices that harm markets and consumers.
Sources
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