The US FTC and DOJ signal stronger approach to merger enforcement in public call for comments on merger guidelines

Key points U.S. antitrust regulators at the DOJ and FTC embarked on a joint review of merger enforcement by soliciting public input on modernizing federal merger guidelines. While public comments ran the gamut from pro-enforcement to pro-merger, some key voices, including a collection of state AGs, advocated for an elevated level of scrutiny. With nearly 2,000 comments provided, the agencies will turn to revising the merger guidelines, with a stated goal of releasing them publicly “in the coming months” and finalizing a new set of guidelines by the end of the year. Citing evidence that many industries are becoming more concentrated and less competitive as merger filings multiply, the Department of Justice (DOJ) and Federal Trade Commission (FTC) began a joint review of U.S. enforcement

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (New York)
  • Skadden, Arps, Slate, Meagher & Flom (New York)
  • Skadden, Arps, Slate, Meagher & Flom (New York)
  • Skadden, Arps, Slate, Meagher & Flom (New York)

Quotation

Karen M. Lent, Matthew Martino, Andrew Kabbes, Griff Almy, The US FTC and DOJ signal stronger approach to merger enforcement in public call for comments on merger guidelines, 12 July 2022, e-Competitions August 2022, Art. N° 107719

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