New Merger Review And FERC's Market Power Analyses

Law360, New York (February 9, 2010, 6:02 PM EST) -- In September 2009, the U.S. Department of Justice and the Federal Trade Commission announced that they intend to revise their Horizontal Merger Guidelines, which were last updated in 1992. The agencies’ reasons for updating them were that the guidelines no longer reflected true agency practice, and were not an accurate guide to the business community of how the agencies actually conducted a merger review.

The existing guidelines suggest that the agencies begin with market definition, market shares and market concentration. But in a recent speech, DOJ...
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