Article

What To Expect From Merger Guideline Modernization

Law360

25 Jan 2022

David Shaw, Vishal Mehta, and Alexa DiCunzolo authored an article for Law360 discussing the Federal Trade Commission and the U.S. Department of Justice’s Antitrust Division announcing the launch of a broad-ranging public inquiry aimed at modernizing the merger guidelines, which outline the agencies’ framework for analyzing mergers and acquisitions.

“The agencies’ joint press conference and request for information is the latest indication that significant reform to U.S. antitrust enforcement in the M&A context may be on the horizon,” the authors wrote.

They added: “The request provides perhaps the clearest indication yet of where revisions to the existing guidelines might focus, including on structural presumptions, the role of market definition, tools to evaluate deals in digital markets, and the effect of transactions on labor.”

“The request also provides an important opportunity for market participants and other stakeholders to provide commentary, insight, and advocacy to inform and potentially influence the modernization process.”

Read the full article.

Close
Feedback

Disclaimer

Unsolicited e-mails and information sent to Morrison & Foerster will not be considered confidential, may be disclosed to others pursuant to our Privacy Policy, may not receive a response, and do not create an attorney-client relationship with Morrison & Foerster. If you are not already a client of Morrison & Foerster, do not include any confidential information in this message. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.