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ARTICLE · 03 AUGUST 2011

June Antitrust Bulletin

McGuireWoods LLP
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On June 17, 2011, the U.S. Department of Justice (DOJ) issued an updated version of the Antitrust Division's Policy Guide to Merger Remedies, to recognize "changes in the merger landscape" and the recent creation of the Office of the General Counsel, which will be responsible for enforcing consent decrees.

United StatesAntitrust/Competition Law
Leslie Locke
Leslie Locke

DOJ Issues New Merger Remedy Guide

On June 17, 2011, the U.S. Department of Justice (DOJ) issued an updated version of the Antitrust Division's Policy Guide to Merger Remedies, to recognize "changes in the merger landscape" and the recent creation of the Office of the General Counsel, which will be responsible for enforcing consent decrees. The policy guide, which revises guidance originally issued in 2004, offers clear guidance for companies who may have deals reviewed by DOJ. In particular, the guide states that while DOJ continues to rely predominantly on structural remedies, conduct remedies may also be utilized, particularly in vertical mergers. This change to the vertical mergers section of the policy guide was foreshadowed by some of DOJ's recent cases, including the Ticketmaster Entertainment Inc.-Live Nation Inc. and Comcast Corp.-NBC Universal mergers.

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