Conduct Remedies In The Google And Comcast Mergers

Law360, New York (May 16, 2011, 1:51 PM EDT) -- For antitrust practitioners and observers, the conventional wisdom held that the U.S. Department of Justice and the Federal Trade Commission nearly always preferred structural merger remedies (such as divestiture) over remedies that regulated the parties’ prospective conduct.

The logic went that structural remedies were easier to implement, required fewer resources to monitor, and best allowed market forces to take effect in the postmerger world. But recent consent decrees entered into by the Antitrust Division under Christine Varney draw the conventional wisdom into question.

In both the...
To view the full article, register now.