Manatt Antitrust and Competition Partner Dylan Carson spoke with Global Competition Review about the finalized merger guidelines for U.S. companies that were recently issued by the Department of Justice and Federal Trade Commission.
The article discussed several updates made to the guidelines since the draft proposal was released earlier in the year. Carson commented that “the substantive thrust of the draft guidelines remain” and noted that many of the changes are stylistic, which reflects the administration’s goal of making the document more accessible for public comprehension. He added that the elevation out of the appendix of the hypothetical monopolist test and other economic tools designed to help enforcers conduct their economic analyses is a useful revision. “The agencies will need happy economists for the courts to adopt the guidelines as persuasive authority in any Section 7 challenge,” he said.
Global Competition Review subscribers can read the full article here.