The US DoJ issues the policy guide to merger remedies

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Summary On Friday, June 17, 2011, the U.S. Department of Justice released the Antitrust Division’s Policy Guide to Merger Remedies. The Guide describes the conditions under which the DoJ might allow a transaction with anticompetitive aspects to proceed. Traditionally, merging companies generally have fixed anticompetitive aspects of a deal with “structural remedies,” meaning permanent changes in the makeup of the merging companies, typically divestiture, rather than requiring a company to behave in certain ways (for example, by segregating confidential information, or granting open access to some of its resources). One of the important innovations in the Guide is greater receptivity to accept these “conduct remedies.” The new Guide continues the DoJ’s requirement that for merger relief

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Authors

  • Akin Gump Strauss Hauer & Feld (Washington)
  • American Bar Association (Chicago)
  • Bona Law (New York)

Quotation

David S. Turetsky, Roxann E. Henry, Steven Levitsky, The US DoJ issues the policy guide to merger remedies, 17 June 2011, e-Competitions June 2011, Art. N° 37371

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