DOJ Conduct Remedies: Lessons From North Of The Border
September 19, 2011, 12:58 PM EDT
Law360, New York (September 19, 2011, 12:58 PM EDT) -- In June 2011, the Antitrust Division of the U.S. Department of Justice issued an updated "Policy Guide to Merger Remedies" for the first time in seven years. These new guidelines reflect a significant new commitment by the DOJ to pursue formerly disfavored conduct remedies such as firewall, nondiscrimination, mandatory licensing, transparency, anti-retaliation and other commercial-behavior-controlling means of addressing competition concerns.
So while it once may have seemed that if a structural remedy were not available or would be ineffective in a particular merger then the DOJ...