Jonathan Kanter testifies before the Senate Judiciary Committee during his confirmation hearing to be Assistant Attorney General in the Antitrust Division at the U.S. Department of Justice, on Wednesday, October 6, 2021. Photo: Diego M. Radzinschi/ALM Agency Perspectives on the Merger Guidelines Review
However the merger guidelines are revised later this year, it seems likely that transactions, especially those in newly emerging digital markets, and those that threaten to harm workers, will likely face more vigorous enforcement activity.
March 07, 2022 at 12:00 PM
9 minute read
Analysis
On Jan. 18, 2022, the Federal Trade Commission (FTC) and the Department of Justice's (DOJ) Antitrust Division announced a joint public inquiry related to the federal merger guidelines, with the goal of "strengthening enforcement against illegal mergers." Members of the public are encouraged to provide comments pursuant to the joint request for information through March 21, 2022. After considering these public comments and other available evidence, including their own research, the agencies are expected to publish revised proposed guidelines for public comment. In announcing the joint inquiry, the agency heads identified and explained some of their concerns with current antitrust merger enforcement.
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