In Brief: Same-Owner MergersTo Face Less Scrutiny

The Justice Department has said it no longer will review the anti-competitive effects of mergers involving banks with the same owner.

Also exempted will be mergers conducted solely to facilitate creation of a bank holding company, the department said in response to a request by the Federal Deposit Insurance Corp.

"In those cases where competition cannot be adversely affected by a proposed transaction, we believe that regulatory burdens imposed on banking organizations, including the burden of unnecessary delay in obtaining approval for the transaction, should be minimized," wrote J. Robert Kramer 2d, a chief litigator at the department's antitrust division.

The change, described in an Aug. 14 letter released Thursday, will eliminate some paperwork and could expedite applications. Previously, the FDIC had to give the department 30 days to comment on these deals before it could act.

The FDIC will still need to notify Justice about the application and its approval. The Justice Department will retain the right to revoke an approval if it concludes the transaction raises antitrust concerns.

-Scott Barancik

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