On Jan. 18, 2022, the Federal Trade Commission and Department of Justice announced a joint initiative to conduct a comprehensive analysis of their merger guidelines. The initiative is likely to further ratchet up merger enforcement with the most significant impact on digital mergers, mergers with potential or nascent competitors, and vertical mergers (typically, combinations between suppliers and their customers). Companies, in consultation with their legal counsel, need to evaluate the likelihood of obtaining merger clearance under these new guidelines. The agencies plan to issue the new guidelines before the end of the year. This initiative is in response to President Joe Biden's Executive Order on Promoting Competition, which urged the FTC and DOJ to revise their joint merger
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