Horizontal Merger Guidelines Revision: A Draftsman’s Perspective

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Paul Denis, Dec 16, 2009

As the principal draftsman of the 1992 Guidelines, I developed what might fairly be described as an unusual attachment to the document and its framework. But even from that perspective, I must admit it is time to revise the 1992 Guidelines. In order to provide meaningful guidance, guidelines must reflect actual agency practice. But Agency practice has diverged from the 1992 Guidelines, in some respects for