The US DoJ and FTC release for public comment revised horizontal merger guidelines that reflect Agency current practice

On April 20, the Department of Justice (DOJ) and Federal Trade Commission (FTC) released and sought public comment on proposed, revised Horizontal Merger Guidelines (guidelines) that reflect how the agencies evaluate the potential competitive effects of mergers and acquisitions between firms at the same level of product distribution. The guideline’s last significant revisions came in 1992. For the past 18 years, the fundamental framework of the 1992 guidelines remained unchanged despite the continuing evolution of theories and tools to determine which mergers are likely to harm competition. [1] During that time, there has been a growing divergence between the analytical framework laid out in the 1992 guidelines and the actual practices at the DOJ and the FTC. These proposed guidelines

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • Skadden, Arps, Slate, Meagher & Flom (New York)
  • Kirkland & Ellis (New York)

Quotation

Steven C. Sunshine, Clifford H. Aronson, Ian G. John, The US DoJ and FTC release for public comment revised horizontal merger guidelines that reflect Agency current practice, 20 April 2010, e-Competitions April 2010, Art. N° 45424

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