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ARTICLE · 07 SEPTEMBER 2020

DOJ Updates Merger Remedies Manual

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The DOJ revised its Antitrust Division Merger Remedies Manual.

United StatesAntitrust/Competition Law
Hogan Lovells Cadwalader
Hogan Lovells Cadwalader
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The DOJ Antitrust Division revised its Merger Remedies Manual. The new manual is an update to the Division's 2004 Policy Guide to Merger Remedies.

According to the DOJ, the purpose of the manual is "to provide Division attorneys and economists with a framework for structuring and implementing appropriate relief short of a full-stop injunction in merger cases." Further, the manual is intended to ensure that "remedies are based on sound legal and economic principles and are closely related to the identified competitive harm."

The new manual (i) includes explanations of the Division's approach to consummated transactions, (ii) outlines red flags that the DOJ has observed and (iii) reflects the DOJ's principles in ensuring the full implementation of consent decrees.

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