On June 17, 2011, the Department of Justice (DOJ) released a revised Antitrust Division Policy Guide to Merger Remedies (Policy Guide), which the DOJ says “reflects the changes in the merger landscape and the lessons the division has learned.” The Policy Guide is the first direction from the DOJ regarding merger remedies since the guidelines were last revised in 2004. The DOJ explains that one reason for the revision is that “[s ome have interpreted the division’s 2004 guidance on remedies to mean that if a structural remedy is not available in a particular merger matter, or would be ineffective, the division must let the transaction proceed. That interpretation does not accurately reflect the policy or practice of the Antitrust Division.” Rather, the DOJ’s practice is to “protect consumers from anticompetitive mergers” by effectively restoring competition through the use of structural, conduct, and/or hybrid merger remedies. The DOJ’s press release regarding the new Policy Guide is available here. The Policy Guide is available here. (Please see alert for links)