Merger guidelines strengthening the guardrails on the commercial highway of business diversity and growth

7 minute read

Mergers and acquisitions are an important part of a business’s vitality. They are intended to increase the value of a company by diversifying into new markets, improving market share, and overall business growth. The primary purpose of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) Merger Guidelines (2023 Merger Guidelines) and the federal antitrust laws—such as the Sherman Act, the Clayton Act, and the FTC Act—is to promote fair competition and protect consumers from anti-competitive business transactions and unsavory business practices. This article will briefly summarize the merger notification and review process, discuss the 2023 Merger Guidelines DOJ and FTC are currently using to analyze mergers, and provide examples of when agencies will intervene when a merger is anti-competitive.

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