U.S. Antitrust Agencies Propose Full-Scale Revision of Horizontal Merger Guidelines

April 27, 2010

On April 20, 2010, the Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) jointly issued for public comment a full-scale revision of the Horizontal Merger Guidelines. The Guidelines spell out the analytical framework under which the Agencies assess mergers between competitors. The Agencies announced a joint effort to review and revise the Guidelines in October 2009, and held five workshops to solicit the views of the antitrust bar, economists, and other interested parties. The new proposed Guidelines represent the first end-to-end revision of the Guidelines since 1992. Public comments will be accepted until May 20, 2010.