The article explores the impact of new Hart-Scott-Rodino rules on merger reviews, emphasizing their focus on protecting competition in Future Markets. It highlights how the Fifth Circuit’s decision in Illumina v. FTC empowered enforcers by affirming their authority under the Clayton Act to regulate competition in markets for products that do not yet exist. These new rules require merging parties to disclose extensive information on “known planned products.” These products compete in Future
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