The US FTC and DoJ release for public comment a draft version of their new joint horizontal merger guidelines offering the opportunity to debate about the role of market definition and unilateral effects analysis

As the credit and capital markets continue to revive, companies around the world considering a return to greater mergers and acquisitions activity may be right to wonder whether recent antitrust law developments should deter those considerations. Notwithstanding the attention the various new antitrust merger guidelines have received, there remains no reason to hesitate pursuing a potential transaction so long as the merging parties are properly armed with legal and economic arguments demonstrating why the proposed transaction is unlikely to harm competition. On April 20, 2010, the U.S. Federal Trade Commission and Department of Justice (together, the U.S. agencies) released for public comment a draft version of their new joint Horizontal Merger Guidelines (Draft U.S. Guidelines), [1]

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Authors

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

Quotation

Frederic Depoortere, Gary A. MacDonald, Ian G. John, Joseph F. Ciani-Dausch, The US FTC and DoJ release for public comment a draft version of their new joint horizontal merger guidelines offering the opportunity to debate about the role of market definition and unilateral effects analysis, 20 April 2010, e-Competitions April 2010, Art. N° 45412

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