Comment Opportunity: FTC And DOJ Request Input On Mergers And Acquisitions

The Federal Trade Commission and the U.S. Department of Justice issued a "Request for Information on Merger Enforcement" on January 18, 2022 (the "Request") asking for input from all sources and interested parties regarding a myriad of issues as the government plans on drafting updated "merger" guidelines. The Request specifically is seeking input with respect to both the 2010 Horizontal Guidelines and the 2020 Vertical Guidelines (which were withdrawn) issued by the agencies. The public comment period is 60 days.

The agencies have stated that they believe that recent enforcement has been too permissive, especially in the area of digital markets, and specifically asks for comment as to whether this segment should be reviewed differently than other markets. While the Request does not specifically discuss the healthcare markets, this provides an opportunity for the healthcare sector to provide comments to the FTC and DOJ.