“Any intelligent fool can make things bigger and more complex. It takes a touch of genius—and a lot of courage—to move in the opposite direction.”
—Albert Einstein
The putative purposes of the Department of Justice’s (DOJ) and Federal Trade Commission’s (FTC) 2010 proposed revisions to the Horizontal Merger Guidelines (RHMG) are to (i) more accurately and clearly describe current practices in reviewing horizontal mergers and (ii) incorporate learning and experience gained over the 18-year gap since the last version (1992) of the guidelines. Specifically, the agencies have decided to share the significant developments in the legal and economic tools the government uses to predict whether mergers will be anticompetitive.
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