New DOJ-FTC Merger Guidelines: Opportunities and Strategies for Merging Parties (Competition Policy International)

In this article for Competition Policy International, Koren Wong-Ervin and former FTC economist Jeremy Sandford discuss the new DOJ-FTC Merger Guidelines, focusing on strategies and practical guidance for merging parties, both before the agencies and in litigation.

While many of the approaches taken in the guidelines create significant challenges for merging parties, the final document includes notable improvements relative to the draft version. The article describes the opportunities created by these improvements and offers suggestions for the types of economic analysis and other evidence most likely to resonate with the agencies.