Antitrust Division and Federal Trade Commission Propose New Merger Guidelines, Request Public Comment

Revised horizontal merger guidelines outlining how the Federal Trade Commission and the Antitrust Division evaluate the likely competitive impact of mergers were released for public comment by the agencies this week. The proposed guidelines, announced April 20, 2010, are the result of a series of hearings and public workshops convened to update the guidelines used by the agencies to reflect their current enforcement approach and analytical methodology. The guidelines currently in effect were issued in 1992, were last updated in 1997, and were viewed by some not to be reflective of current enforcement policy.

The revised guidelines are not yet effective, pending closing of the public comment period in May, and were released to coincide with the timing of the ABA Antitrust Section Spring Meetings taking place in Washington.