Banking Mergers and Acquisition Reviews: A Potential for Increased Scrutiny Under the Clayton Act?
ABSTRACT
This Note reviews the existing regulatory regime governing bank mergers, including the Bank Holding Company Act of 1956 and § 7 of the Clayton Antitrust Act of 1914. Next, it discusses how a bank merger would be reviewed under the standards recently advocated for by Federal Trade Commission (“FTC”) Chair Lina Khan. Finally, it discusses proposed reforms to the existing regulatory regime, as the FTC under Chair Khan takes antitrust enforcement in a different direction.