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Horizontal Merger Guidelines

 |  December 22, 2015

CPI Hot Tub Audio Conference:

On August 19, DOJ and FTC issued their Horizontal Guidelines. Last June, after the draft comments had been received David Evans moderated a panel of four key players who were involved in drafting and working with the previous guidelines discussed these changes: Mike Salinger, Bill Blumenthal, Joe Simons, and Dick Schmalensee. Their comments are perhaps even more relevant now. Listen and enjoy:


In Australia, Courts can direct expert witnesses to write out issues on which they agree—and on which they don’t. The Court can also instruct all experts to concurrently give evidence in court, under oath, in a process called a “hot tub.” We’ve adapted that concept with our CPI Hot Tubs-designed to give the antitrust community, in one place, the information needed to understand recent events.

On August 19, 2010, the FTC and DOJ jointly issued the New Guidelines for Horizontal Mergers. The current ones have been in place since 1992 although the DOJ in 2008 did, independently, issue new guidelines that Asst. AG Christine Varney retracted almost immediately upon her appointment. In addition, the FTC announced proposed changes to HSR requirements. This Hot Tub will bring you up to date and will be added to as reactions are received.



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