The U.S. Department of Justice's Antitrust Division
(Antitrust Division) recently issued its updated Merger Remedies Manual, which sets forth a
framework for structuring and implementing appropriate relief to
address competitive concerns raised by mergers and acquisitions.
The Merger Remedies Manual updates the Antitrust Division's
Policy Guide to Merger Remedies issued in 2004.
Under the Clayton Act, the Antitrust Division may challenge a
merger that may "substantially lessen competition, or . . .
tend to create a monopoly." While the Antitrust Division may
seek an injunction to prevent consummation of the transaction, in
order to avoid litigation, the merging parties may enter into a
consent decree that allows the transaction to proceed while still
preserving competition. The Merger Remedies Manual sets forth
guidance for crafting appropriate relief.
