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Office of Public Affairs | Justice Department And FTC Seek Comment on Draft Merger Guidelines

Office of Public Affairs | Justice Department And FTC Seek Comment on Draft Merger Guidelines
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FTC and DOJ Propose Dramatic Expansion of HSR Filings' Scope | Skadden, Arps, Slate, Meagher & Flom LLP

On June 27, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) (collectively, the Agencies) jointly released a Notice of Proposed Rulemaking (NPRM) proposing. ....

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Evidence of Efficiencies in Consummated Mergers

Executive Summary Under the U.S. antitrust laws, enforcement agencies may block an M&A transaction only if they meet their burden to prove that the transaction’s “effect may be substantially to lessen competition.” 15 U.S.C. § 18. As courts have explained, this is a “totality-of-the-circumstances” inquiry, and they “weigh a variety of factors to determine the effects of particular transactions on competition” and “future competitiveness.” United States v. Baker Hughes Inc., 908 F.2d 981, 984 (D.C. Cir. 1990).In the modern era of antitrust law, one of these “variety of factors” has been the ability of a transaction to improve the performance of the combined entity, and thus to improve “future competitiveness” in the market. That is why the current Horizontal Merger Guidelines, as well as several prior iterations, explain: “a primary benefit of mergers to the economy is their potential to generat ....

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Heard At The 2023 Spring Meeting: Part 1 - Antitrust, EU Competition

The American Bar Association's Antitrust Law Section recently held its annual Spring Meeting in Washington, DC, featuring updates from federal, state, and international antitrust enforcers.. ....

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ABA Antitrust Law Section Spring Meeting Part One

American Bar Association Antitrust Law Section held annual Spring Meeting in Washington, DC, featuring updates from federal, state, international antitrust enforcers, in-depth commentary on leading antitrust issues facing business community. ....

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