In an eight-page Statement joined by the two other sitting Commissioners, FTC Chair Andrew Ferguson on May 30, 2025 explained his reasoning for accepting a divestiture remedy proposed by Synopsis, Inc. and Ansys, Inc. to resolve concerns stemming from their pending merger.  The parties to the merger had proposed divesting standalone or discrete business units in three relevant markets to resolve FTC concerns.  The Statement, while promising a forthcoming policy statement on merger remedies, set forth a clear viewpoint about the role of remedies in merger antitrust enforcement and drew a stark contrast with the stance carved out by the Biden FTC, which had expressed a general hostility to remedies and a preference for litigation. 

The Statement is notable for a couple of reasons.  First, it recognizes the key role acquisitions play in fostering innovation.  The Biden FTC expressed antipathy toward acquisitions, particularly by private equity.  Chair Ferguson’s Statement, in contrast, expressly credits the capital from acquisitions as providing “fuel for the fires of innovation,” which in turn spurs the development of “new technology and economic growth.”  Chair Ferguson appears to be sending a clear signal that the days of FTC’s general skepticism of acquisitions—particularly of smaller startups by private equity or larger, more established companies—are over.