The 2010 Horizontal Merger Guidelines give increased treatment to a topic that was not well developed in previous Guidelines – namely, mergers that threaten to restrain innovation. The 1968 Guidelines had contained a statement on innovation to the effect that: the Department has used Section 7 to prevent mergers which may diminish long-run possibilities of…

The FTC’s efforts to substantially revise the Horizontal Merger Guidelines for the first time since 1992 were among the recent agency accomplishments touted by FTC Chairman Jon Leibowitz in remarks delivered last week to attendees of Georgetown Law School’s Fourth Annual Global Antitrust Enforcement Symposium and Fordham Competition Law Institute’s International Antitrust Law & Policy…

On August 19, 2010, the Antitrust Division of the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) issued the final revised Horizontal Merger Guidelines in order to reflect changes to the agencies’ merger review process and to assist businesses in understanding how the agencies evaluate proposed mergers and acquisitions. The current guidelines are…