New FTC/DOJ Guidelines Provide Increased Transparency for Horizontal Merger Review

On April 20, 2010, the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice jointly released their proposed revisions to the Horizontal Merger Guidelines for public comment. The updated guidelines are the result of a series of joint public workshops over the past six months, as well as the agencies' collective experiences since 1992, when they last revised the guidelines. The proposed revisions reflect the agencies' current approach to review of horizontal mergers, that is, mergers between actual or potential competitors, including refinements previously identified in their 2006 "Commentary on the Horizontal Merger Guidelines." Interested parties may submit comments on the proposed revisions through May 20, 2010.