A New Era Of Antitrust In The U.S.?: FTC And DOJ Release Draft Merger Guidelines

In a revamp of the guidance that informs the application of U.S. antitrust laws to mergers and acquisitions, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) have published draft Merger Guidelines (the guidelines) that are expected to meaningfully alter the regulatory landscape for U.S. business and foreign entrants alike.

What you need to know

• New presumptions. FTC and DOJ propose to reinstate—and lower—market share thresholds that, when exceeded, will give rise to a presumption that a combination "presents an impermissible threat of undue concentration". Specifically, the agencies will presume that a combination is anti-competitive in many instances where one party has at least a 30% percent market share.