According to conventional wisdom, the Department of Justice and the Federal Trade Commission prefer structural merger remedies like divestiture over remedies that require ongoing monitoring of post-merger conduct. Structural remedies offer comparative ease of implementation and require less resource allocation for compliance monitoring—and, the argument goes, best allow market forces to take effect in the post- merger world. Yet in recent consent decrees entered into by the Antitrust Division under Christine Varney, the Division eschewed structural remedies in favor of a set of ongoing restrictions on the merged firms’ prospective relations with suppliers, customers, and competitors. In the Google/ITA acquisition, Ticketmaster/Live Nation merger, and other high-profile transactions,
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The US District Court for the District of Columbia imposes divestiture and behavioral remedies before approving a merger to maintain competition in the market for primary ticketing services (Ticketmaster / Live Nation)
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