The Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) have announced that they are considering updating the Horizontal Merger Guidelines used by both agencies to evaluate the potential competitive effects of mergers and acquisitions.
The two agencies plan to solicit public comment and hold joint public workshops in December and January to determine whether the Horizontal Merger Guidelines accurately reflect the current practice of merger review and to take into account legal and economic developments that have occurred since the last significant Guidelines revision in 1992.
The Horizontal Merger Guidelines outline the merger enforcement policy of the FTC and DOJ. The Guidelines describe the analytical framework and specific standards normally used by the agencies in analyzing mergers. They are intended to reduce the uncertainty associated with enforcement of the antitrust laws in the merger area.
The FTC has posted a set of questions to provide a framework for public comments.
Read the FTC press release.
