DOJ Merger Review Reform Is Welcome News

By Joseph Bial, Andrew Forman, Jonathan Kanter, Rick Rule and Aidan Synnott (October 2, 2018, 4:14 PM EDT) -- In a speech delivered on Sept. 25, 2018, at the 2018 Global Antitrust Enforcement Symposium at Georgetown University, Assistant Attorney General Makan Delrahim announced that the U.S. Department of Justice Antitrust Division "will aim to resolve most [merger] investigations within six months of filing" if parties to the merger cooperate closely with the DOJ throughout the review process.[1] In furtherance of this goal, Delrahim announced several reforms to what the DOJ will generally require from parties in a "second request," as well as reforms to standard practice at other stages of a merger investigation. Delrahim also announced that the DOJ is withdrawing its 2011 Policy Guide to Merger Remedies and will release an updated policy. In the meantime, the 2004 policy guide has been reinstated....

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