Talent Acquisitions Can Face FTC Scrutiny Under Merger Laws

The US Federal Trade Commission can examine talent acquisitions, where companies hire all the employees of a startup instead of buying the business outright, even when the firm didn’t file for an antitrust review, said Federal Trade Commissioner Mark Meador.

Speaking at a conference in California Thursday, Meador warned against companies using “creative deal structures” to avoid notifying the antitrust agencies about transactions including talent deals, which are known as “acqui-hires.”

Under US law, all companies engaged in mergers above a certain size – $133.9 million as of 2026 – must notify the Justice Department and FTC and ...