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ARTICLE · 01 NOVEMBER 2011

Antitrust News & Notes – October, 2011

The U.S. Department of Justice (DOJ) Antitrust Division issued an updated version of its Policy Guide to Merger Remedies.

United StatesAntitrust/Competition Law

DOJ Describes Its Approach to Merger Remedies
By Sandeep Vaheesan

The U.S. Department of Justice (DOJ) Antitrust Division issued an updated version of its Policy Guide to Merger Remedies. This is a policy statement used by attorneys within the Antitrust Division to help guide them regarding the appropriate remedy in a merger investigation. As stated in the Policy Guide, the underlying purpose of all merger remedies is to preserve the level of competition that existed before the merger.

In general, the DOJ will pursue two basic types of remedies in merger cases. In horizontal mergers between actual or potential competitors, the DOJ will typically require structural remedies, such as requiring the merging parties to divest assets or entire business divisions to a third party. Conduct remedies, which require behavioral obligations or restrictions on the merged entities, are more likely to be used in vertical mergers, that involve the combination of parties with an

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