Behavioral Remedies in U.S. Merger Settlements: Past, Present and Future

While in the past, the FTC and DOJ have been receptive to considering behavioral remedies to resolve discrete competition concerns arising from the vertical components of a merger, policy pronouncements by senior officials at the FTC and DOJ under the current administration have led many to conclude that behavioral remedies are off the table when it comes to negotiating merger remedies with the agencies. An examination of recent merger settlements indicates that the DOJ has, in fact, substantial