DOJ Antitrust Division Updates Policy Guide to Merger Remedies: Subtle but Significant Changes Clients Should Understand

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The U.S. Department of Justice Antitrust Division released its revised Policy Guide to Merger Remedies on June 17 – the first revision of this publication since 2004. The revised document reflects a far more tolerant attitude by the DOJ towards conduct-based remedies and could affect how companies evaluate their own potential mergers and how they react to competitors’ mergers. Citing “globalization” and more “complex international and vertical transactions,” the updated guide augurs more flexibility by the DOJ in fashioning unique remedies for approving proposed mergers, as well as the possibility of more DOJ involvement in challenging vertical mergers (i.e., mergers between suppliers and customers).

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