Feds Update Merger Remedies Handbook

The Antitrust Division of the U.S. Department of Justice has updated its Policy Guide to Merger Remedies.

In a press release, the Antitrust Division stated that the updated Policy Guide takes into account new merger dynamics that have surfaced since the issuance of the original guide in 2004, particularly the rise of transnational mergers and complex vertical transactions.

The Antitrust Division uses the policy guide in analyzing proposed remedies for potentially anticompetitive mergers reviewed by its staff.

The update highlights the role of the Antitrust Division’s new Office of the General Counsel, which is responsible for enforcing consent decrees.  One of the main goals of the update is to more accurately reflect the division’s actual merger remedy practices.

The revised policy guide also maintains the original goal of providing effective merger remedies when necessary to preserve competition in the relevant market and promote innovation and consumer welfare.