*If* you are taken to court, it’s probably always worth the fight, losing such a trial has massive consequences. However, in the past, that was an empty threat

*If* you are taken to court, it’s probably always worth the fight, losing such a trial has massive consequences. However, in the past, that was an empty threat, the FTC would only take cases to court that they would win 100% - which vastly errs on the side of caution. It also meant that you could basically expect never to be challenged on a merger. That has changed now. Now, there is a real chance that your mergers and anticompetitive behavior will get examined and THAT is the deterrent. The new FTCs behavior causes ripples long before an actual court case. There is a difference between „I will never get taken to court“ and „I will probably get taken to court, and then I will probably win but honestly, all bets are off“.