[2]Earlier this year, the Agencies issued a request for information (RFI) to inform their work on the new Merger Guidelines. [3] The tone of the RFI was not neutral; consistent with rhetoric from Biden administration enforcers, the RFI all but presupposes the insufficiency of the current merger guidelines and, indeed, the past forty years of merger enforcement. In anticipation of the Agencies’ issuance of new proposed Merger Guidelines, we evaluate the public comments submitted this spring and provide insight into the deep divergence of viewpoints. [13]Disagreement on the Need for Market-Specific RulesSeveral comments addressed the Agencies’ questions whether new Merger Guidelines should include industry-specific rules. Federal Trade Commission Withdraws Vertical Merger Guidelines and Commentary, Federal Trade Commission (September 15, 2021) https://www.ftc.gov/news-events/news/press-releases/2021/09/federal-trade-commission-withdraws-vertical-merger-guidelines-commentary Justice Department Issues Statement on the Vertical Merger Guidelines | OPA | Department of Justice (September 15, 2021) https://www.justice.gov/opa/pr/justice-department-issues-statement-vertical-merger-guidelines[6] E.g., Comment ID: FTC-2022-0003-0418 ; Comments arguing against the consumer welfare standard are in line with previous statements from current Agency leadership.

Source: The Guardian September 16, 2022 17:44 UTC