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ARTICLE · 26 FEBRUARY 2025

2023 Merger Guidelines Continue In Effect

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In somewhat of a surprise, FTC Chairman Ferguson announced yesterday that the FTC and Department of Justice's joint 2023 Merger Guidelines "are in effect and are the framework for this agency's merger-review analysis."

United StatesCorporate/Commercial Law
Axinn Veltrop & Harkrider
Axinn Veltrop & Harkrider

What You Need to Know

  • FTC Chairman Ferguson announces that the Biden/Khan/Kanter FTC/DOJ 2023 Merger Guidelines will continue to be used
  • Although the Biden/Khan/Kanter Guidelines remain in effect, changes in enforcement decisions and more openness to remedies are still likely

In somewhat of a surprise, FTC Chairman Ferguson announced yesterday that the FTC and Department of Justice's joint 2023 Merger Guidelines "are in effect and are the framework for this agency's merger-review analysis." This announcement, explained in part by a desire to offer stability and predictability to merging parties, means that the FTC Staff will use the 2023 Merger Guidelines as their investigative roadmap.

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