DOJ And FTC Propose New Merger Guidelines To Expand Merger Challenges

Quick Hits

• The DOJ and FTC proposed new Horizontal Merger Guidelines, which are very different from previous versions.
• The proposed Guidelines are subject to public comment until September 18.
• If adopted after comment, far more mergers would be challenged. The proposed guidelines suggest challenging deals with much lower combined market shares and a far greater array of potential market effects.

Today the Federal Trade Commission and the Antitrust Division of the Department of Justice released a proposed set of new Horizontal Merger Guidelines, to replace the current version adopted in 2010. The proposed Guidelines are open for public comment for at least 60 days, until September 18. If adopted, the Guidelines will be a radical departure from versions of the Guidelines that have existed for several decades. Some of the more radical proposals include: