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DOJ and FTC Propose Comprehensive Overhaul of Merger Guidelines, Including Presumption against Horizontal Mergers that Result in...

On July 19, 2023, the Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) (together, the Agencies) released a draft set of revised Merger Guidelines (the Revised Guidelines) to set forth the...more

2021 Antitrust Outlook – A New Administration and State Activism Present Enforcement Uncertainty

The antitrust outlook in the United States is marked by uncertainty. This article identifies some issues to watch. Some Recent Surprises - Historically, U.S. antitrust enforcement has been marked more by continuity...more

Top Legal Issues Facing the Automotive Industry in 2021

One year ago, the automotive industry was swiftly and seriously impacted by the COVID-19 pandemic. This disruption, in addition to the new administration, continues to present a variety of fresh issues. Foley’s...more

DOJ Issues Merger Remedies Manual – Structural Remedies “Strongly Preferred”

On September 3, 2020, the Department of Justice Antitrust Division (DOJ) released a Merger Remedies Manual, updating its 2004 Policy Guide to Merger Remedies. (DOJ’s 2011 Policy Guide to Merger Remedies was withdrawn by DOJ...more

FTC and DOJ Issue Final Vertical Merger Guidelines

On June 30, the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) released their first jointly issued Vertical Merger Guidelines. These Guidelines replace DOJ’s Non-Horizontal Merger Guidelines...more

FTC and DOJ Issue Draft Vertical Merger Guidelines

On January 10, 2020, the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) released for public comment draft Vertical Merger Guidelines. Vertical mergers are those that combine companies...more

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