Antitrust Agencies Release Proposed Revisions to Merger Guidelines

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On April 20, 2010, the Department of Justice and Federal Trade Commission (the “agencies”) released for public comment much anticipated proposed revisions to the Horizontal Merger Guidelines. The Guidelines, last revised in 1997, set forth the methodologies antitrust enforcement agencies employ to determine whether to challenge mergers between rivals. The proposed Guidelines follow five public workshops held in December 2009 and January 2010 in several cities that generated a significant number of comments from attorneys, academics, economists, consumer groups, and businesses. During the next 30 days, the agencies will accept written comments on the proposed revisions.

The proposed Guidelines, although not yet final, contain a number of noteworthy changes to those now in force...

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