Horizontal Merger Guidelines: Operating Within the New Antitrust Framework

Description

In April, the U.S. Department of Justice Antitrust Division and the Federal Trade Commission released for public comment the proposed revised horizontal merger guidelines, which would replace the 1992 guidelines. The guidelines will provide for more transparency and allow for more active enforcement.

The new guidelines adopt a more subjective, flexible approach to each transaction. They make significant changes to several elements of the merger process, including market definition, market shares, concentration thresholds — and place increased emphasis on economic evidence.

The guidelines are often cited by the courts and have been used to reject agency challenges to mergers. Because the revisions bring the guidelines in line with the practice of the agencies, companies and their counsel must understand the changes and how they will impact merger analysis.

Listen as our authoritative panel of antitrust attorneys examines the proposed key revisions to the horizontal merger guidelines, discusses the implications of these revisions, and outlines strategies for operating in a new antitrust landscape.

Outline

1. Key changes
   1. Market definition
   2. Concentration thresholds
   3. Types and sources of evidence
   4. Unilateral effects
   5. Coordinated effects
   6. Price discrimination
   7. Entry conditions
   8. Efficiencies
2. Partial acquisitions
   1. Monopsony
   2. Consummated mergers
3. Implications of the changes
   1. On merger analysis
   2. On merger litigation
4. Strategies for navigating in the new antitrust enforcement environment

Benefits

The panel will review these and other key questions:

• How have the proposed guidelines shifted the focus from coordinated effect to unilateral effect?
• How the reduced focus on predicted price increases impact merger analysis?
• What proposed changes do the guidelines make to the HHI market concentration screen?

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