DOJ/FTC Merger Guidelines and Review Process

Practice Pointers and Lessons Learned From Antitrust Enforcement Trends

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, July 25, 2013

Recorded event now available

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This CLE course will provide counsel with a review of current evaluation of mergers at antitrust enforcement agencies, focusing on how the merger guidelines are working in the real world and lessons from recent enforcement actions.


The revised DOJ/FTC Horizontal Merger Guidelines have been in place for three years. The stated intent of the revisions was to better match the guidelines to actual practices of the agencies. Since then, the government has been active in investigating and raising objections to a number of transactions.

The agencies’ actions provide a window into whether the DOJ/FTC's stated goal to match theory and practice is working. Generally, the answer seems to be yes, but various cases show areas where the guidelines don't tell the whole story.

Listen as our panel of experienced antitrust attorneys examines recent developments in merger review and what they mean for parties evaluating and pursuing potential acquisitions. The panel will also offer best practices for what counsel should do when analyzing, preparing for, and going through the merger review process for potentially problematic transactions.



  1. Overview of “textbook” review process under current guidelines
  2. Recent agency actions in merger reviews
  3. Comparison of theory to actual practice
  4. Key takeaways and lessons


The panel will review these and other key questions:

  • How do recent FTC/DOJ actions impact what you tell clients about merger review?
  • What are the issues on which the federal agencies are focusing?
  • What practices should counsel use when preparing for and going through agency review of transactions that are potentially problematic?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Mark S. Ostrau
Mark S. Ostrau

Fenwick & West

He co-chairs the Antitrust and Unfair Competition Group and represents clients before antitrust agencies in connection...  |  Read More

James W. Lowe
James W. Lowe

Wilmer Cutler Pickering Hale and Dorr

Mr. Lowe is a Partner in the firm's Regulatory and Government Affairs Department, and a Member of the...  |  Read More

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