FTC Urged To Revise Guidelines For Review Of Horizontal Mergers
- Case Date: 6/4/2010
- Project Name: Civil Justice Reform
On June 4, 2010, WLF filed formal comments with the Federal Trade Commission that were highly critical of the FTC’s proposed revisions of its horizontal merger review Guidelines. WLF stated that the proposed Guidelines suggest that the FTC is intending to adopt a much more aggressive posture in its review of proposed mergers. Such aggressiveness is unwarranted and threatens to discourage mergers that would promote competition and benefit consumers, WLF argued. Federal antitrust laws prohibit mergers whose effect “may be substantially to limit competition.” WLF was especially critical of the increased focus on “unilateral effects” analysis in the proposed revised Guidelines. WLF argued that the mere fact that two products may serve as close substitutes for one another does not necessarily imply a lack of competition elsewhere in the market and thus ordinarily should not serve as the basis for rejecting a merger between the manufacturers of those two products.
|Awaiting agency action|
More Information and Downloads:
6/4/2010: Download the Comments