Conduct-Based Remedies In Merger Investigations

Law360, New York (March 22, 2010, 2:44 PM EDT) -- Conduct-based remedies typically have been disfavored in merger investigations by U.S. antitrust enforcement agencies because of the cumbersome and costly monitoring required. See U.S. Dep’t of Justice, Antitrust Div., Antitrust Division Policy Guide to Merger Remedies. (Oct. 2004).

Rather, conduct-based remedies are used only in certain limited circumstances, such as perfecting structural relief or where the transaction is primarily vertical, rather than horizontal in nature. See, e.g., United States v. Northrop Grumman, Civil No: 1:02CV02432 (D.D.C. Dec. 11, 2002); In re Time Warner Inc., FTC Docket...
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