FTC and DOJ Seek Public Input on Modernizing Merger Guidelines to Improve Enforcement

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  • The FTC and the U.S. DOJ’s Antitrust Division launched a joint public inquiry aimed at strengthening enforcement against illegal mergers that threaten competition and consumer choice.
  • The request for information seeks public input from a broad range of market participants on updating federal merger guidelines to reflect modern markets and better detect and prevent unlawful deals. The agencies are interested in feedback, evidence, and ideas, including on the following specific topics: purpose and scope of merger review; presumptions that certain transactions are anticompetitive; market definition; threats to potential and nascent competition; impact of monopsony power, including in labor markets; and the unique characteristics of digital markets.
  • Comments must be received no later than March 21, 2022.

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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