New Merger Guidelines and Recent Merger-Related FTC and DOJ Announcements

On July 20, 2023, Cravath prepared a memo for its clients entitled “New Merger Guidelines and Recent Merger-Related FTC and DOJ Announcements.” The memo examines the Federal Trade Commission and the Department of Justice Antitrust Division’s recently proposed Merger Guidelines as well as recently proposed changes to the Hart-Scott-Rodino (HSR) filing process from the FTC and guidance concerning bank mergers from the DOJ. The memo outlines the thirteen Guidelines and their discussion of market definition, rebuttal evidence and approach to remedies. It also addresses what additional information the HSR filing proposals will require and summarizes Assistant Attorney General Jonathan Kanter’s recent speech concerning bank merger enforcement.

Please click here to read the memo.