Antitrust Chronicle® – Merger Guidelines Retrospective

Dear Readers,

Merger analysis is one of the pillars of antirust (alongside rules against anticompetitive agreements and abuse of monopoly power). Like these other aspects of antitrust, merger review rules are subject to constant evolution, in the form of case law and guidelines issued by regulators (including, most recently, the revised U.S. merger guidelines, jointly issued by the FTC and the Department of Justice in 2023.

To open, Herbert Hovenkamp discusses the different categories of mergers