US Antitrust Officials Propose New Merger Guidelines

Law360, New York (April 20, 2010, 1:11 PM EDT) -- U.S. antitrust regulators have released proposed changes to the guidelines they follow when reviewing mergers, outlining a more flexible process than the one described by the current guidelines.

The proposed new guidelines, released Tuesday, seek to clarify that merger analysis by the Federal Trade Commission and the U.S. Department of Justice does not use a single methodology.

Instead, the process is fact-specific, the agencies said, and a variety of economic tools are used to examine the evidence to determine whether a merger could substantially curb competition....
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