The DOJ has released an updated merger remedies guide that
provides an overview on how the DOJ Antitrust Division staff will
analyze proposed remedies in merger matters. The revised guide
places an increased emphasis on behavioral or conduct remedies to
address issues raised by vertical transactions.
On Friday, June 17, the Department of Justice (DOJ) released an
updated merger remedies guide that
provides an overview on how the DOJ Antitrust Division (Division)
staff will analyze proposed remedies in merger matters. This is the
first update the Division has issued since the issuance of the
original guide in 2004. The primary difference between the 2004 and
updated merger remedies guide is the Division's position that
conduct or behavioral remedies are often appropriate to address
concerns raised in vertical transactions. Although this is a change
in policy, it reflects the types of remedies the Division has
implemented over the last two years. For example, the
