On December 18, 2023, the Federal Trade Commission and the Department of Justice jointly released their final Merger Guidelines. The Guidelines “identify the procedures and enforcement practices [the agencies] most often use to investigate whether mergers violate the antitrust laws.” The agencies issued the Guidelines after a nearly two-year process that included issuance of draft Guidelines on July 19, 2023, a subsequent public comment period, four public “listening sessions” and three workshops that the agencies hosted.
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