Following months of anticipation, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) unveiled their new Merger Guidelines (the Guidelines) on Dec. 18, 2023. More than 30,000 stakeholders offered input on proposed changes to the Guidelines, which were previously updated in 2010.
The FTC and DOJ's New Guidelines Promise Sharper Scrutiny of Mergers
From loosened structural presumptions to unconventional theories of harm such as "ecosystem competition" to consideration of a merger's effects on outside markets, we review some of the most noteworthy changes in the new Guidelines.
By
Karen Hoffman Lent and Kenneth Schwartz
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