Comments on DOJ and FTC Merger Guidelines

Comments on DOJ and FTC Merger Guidelines

Comments on DOJ and FTC Merger Guidelines

With the formation of new merger guidelines, the Department of Justice and Federal Trade Commission have an opportunity to clarify the important area of antitrust law. As experienced experts in this field, the views of the FTC and DOJ should be invaluable to courts in interpreting the law, just as past merger guidelines have been. Great progress has been made in our collective understanding of antitrust economics and the impacts of consolidation since the publication of the 2010 Horizontal Merger Guidelines, so it’s important that the new guidelines make substantive changes in order to reflect new understanding. In addition to stronger guidelines that more accurately interpret existing law, it’s imperative for Congress to step in with statutory changes. To truly achieve competitive markets in key industries and across the economy, we need more than what existing law can accomplish.