DOJ Antitrust Division Requests Feedback On Bank Merger Competitive Review Guidelines

The DOJ's Antitrust Division requested feedback from the public regarding the 1995 Bank Merger Competitive Review Guidelines as to whether current bank merger review (i) is sufficient to prevent harmful mergers and (ii) accounts for the full range of competitive factors under the laws.

The DOJ plans to use the public commentary to determine whether and how it should revise the guidelines so that they reflect modern trends and current economic realities. In particular, the DOJ wants to ensure that the guidelines effectively guard against the accumulation of market power and that Americans have a choice among the financial institutions they use.

The DOJ initially requested public comment on these guidelines in September 2020, including asking whether the 1800/200 Herfindahl-Hirschman Index ("HHI") screen should be updated, and whether there should be a de minimis exception, and now seeks to build on the responses it received. Comments must be received by February