Antitrust Alert: Federal Antitrust Agencies Release Proposed Horizontal Merger Guidelines


The Obama Administration has indicated an intention to more vigorously enforce the antitrust laws, including the prohibition against anticompetitive mergers. One of the Administration?s first initiatives was to undertake a review of the Horizontal Merger Guidelines, issued in 1992 (“Guidelines”). On April 20, 2010, the Department of Justice Antitrust Division and the Federal Trade Commission published for public comment a comprehensive revision of the Guidelines (“Proposed Guidelines”). The purpose of this Alert is not to provide a comprehensive analysis of the 34-page draft Proposed Guidelines, but to inform our clients and friends about this important development and to briefly highlight the direction of the Proposed Guidelines.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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