DOJ and FTC Release Updated Merger Guidelines
The proposed guidelines give the agencies permission to follow different criteria for each merger examination.
April 20, 2010 at 08:00 PM
2 minute read
The original version of this story was published on Law.com
The Federal Trade Commission (FTC) and Department of Justice (DOJ) jointly released proposed updates Tuesday of their horizontal merger guidelines. Under the revised guidelines, the agencies aim to make the merger process more transparent to businesses as well as the courts, FTC Chairman Jon Leibowitz said in a statement.
As the Wall Street Journal points out, the guidelines at first glance appear to be nearly identical to the current rubric. But the proposed guidelines release the agencies from following a single methodology when conducting merger investigations, rather allowing them to analyze the action on a fact-specific basis.
“Both DOJ and FTC determined that the current guidelines should be updated to reflect better the current economic thinking and actual agency practice of merger analysis,” Gina Talamona, a Justice Department spokeswoman, told the Journal. “We believe that this is necessary to ensure greater transparency into current practice and will allow for more certainty for business and consumers.”
The Federal Trade Commission (FTC) and Department of Justice (DOJ) jointly released proposed updates Tuesday of their horizontal merger guidelines. Under the revised guidelines, the agencies aim to make the merger process more transparent to businesses as well as the courts, FTC Chairman Jon Leibowitz said in a statement.
As the Wall Street Journal points out, the guidelines at first glance appear to be nearly identical to the current rubric. But the proposed guidelines release the agencies from following a single methodology when conducting merger investigations, rather allowing them to analyze the action on a fact-specific basis.
“Both DOJ and FTC determined that the current guidelines should be updated to reflect better the current economic thinking and actual agency practice of merger analysis,” Gina Talamona, a Justice Department spokeswoman, told the Journal. “We believe that this is necessary to ensure greater transparency into current practice and will allow for more certainty for business and consumers.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
US Reviewer of Foreign Transactions Sees More Political, Policy Influence, Say Observers
Pre-Internet High Court Ruling Hobbling Efforts to Keep Tech Giants from Using Below-Cost Pricing to Bury Rivals
6 minute read
Preparing for 2025: Anticipated Policy Changes Affecting U.S. Businesses Under the Trump Administration
Senate Panel Postpones Vote on Reconfirmation of Democrat Crenshaw to SEC
Trending Stories
- 1Recent Decisions Regarding the Telephone Consumer Protection Act
- 2The Tech Built by Law Firms in 2024
- 3Distressed M&A: Mass Torts, Bankruptcy and Furthering the Search for Consensus: Another Purdue Decision
- 4For Safer Traffic Stops, Replace Paper Documents With ‘Contactless’ Tech
- 5As Second Trump Administration Approaches, Businesses Brace for Sweeping Changes to Immigration Policy
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
