March 30, 2006
Antitrust Agencies Issue Commentary Clarifying Application of Merger Guidelines
On Monday, the Department of Justice and Federal Trade Commission took the significant step of issuing a joint 60-page commentary on the application of the agencies’ Horizontal Merger Guidelines.
As fleshed out in a Morrison & Foerster memo posted in our “Antitrust” Practice Area, the commentary is important because it signifies a willingness of the Agencies to sacrifice, to a limited extent, enforcement flexibility for greater transparency and predictability in the application of the Guidelines to mergers, acquisitions and joint ventures.