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DOJ revises policy guide to merger remedies to show Antitrust Division's actual practice

30 June 2011

Antitrust, Competition and Economic Regulation Alert

On 17 June 2011 the Antitrust Division of the U.S. Department of Justice (the Division) updated its policy guide to merger remedies. The new policy guide, which replaces the Division's 2004 guidance, is intended to serve as a tool for Division staff, merging parties, and the bar seeking greater transparency into the Division's current approach to merger remedies. Notably, the updated policy guide better reflects the Division's recent willingness to craft innovative and comprehensive remedies, including conduct remedies in vertical transactions and other appropriate cases. Until recent years, the Division had shied away from conduct remedies to avoid the perceived difficulties of enforcement and the costs of excessive government entanglement in the marketplace, but that was in the past because there was little vertical merger enforcement during the Bush Administration.



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