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AHA backs FTC chair on bringing merger challenges to federal court

By AHA.org  
   February 25, 2026

The AHA has commended recent remarks made by FTC Chairman Andrew Ferguson on Feb. 20, in which he said the commission should bring merger challenges directly to federal court rather than handling them through its in-house adjudicatory process. The AHA said it has long agreed with Ferguson's position, and that bringing merger challenges to Article III courts would provide credibility to the FTC's merger enforcement. The AHA added that it agreed with the chairman’s comments that litigating merger challenges in federal court would both "avoid the constitutional challenges every time you bring a merger case ... and ... align with the standard that the Department of Justice has to comply with in order to get an injunction of a merger." The AHA recommended that the FTC amend its own regulations to codify that approach.  

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