What To Expect From Merger Guideline Modernization

David Shaw, Vishal Mehta, and Alexa DiCunzolo authored an article for Law360 discussing the Federal Trade Commission and the U.S. Department of Justice’s Antitrust Division announcing the launch of a broad-ranging public inquiry aimed at modernizing the merger guidelines, which outline the agencies’ framework for analyzing mergers and acquisitions.

“The agencies’ joint press conference and request for information is the latest indication that significant reform to U.S. antitrust enforcement in the M&A context may be on the horizon,” the authors wrote.

They added: “The request provides perhaps the clearest indication yet of where revisions to the existing guidelines might focus, including on structural presumptions, the role of market definition, tools to evaluate deals in digital markets, and the effect of transactions on labor.”

“The request also provides an important opportunity for market participants and other stakeholders to provide commentary, insight, and advocacy to inform and potentially influence the modernization process.”

Read the full article.