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    FTC and DOJ Announce Joint Review of Merger Guidelines

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    January 19, 2022

    FTC and DOJ Launch a Joint Review of Guidelines for Both Horizontal and Vertical Mergers, Issuing a Request for Public Comment

    On January 18, 2022, Lina Khan, Chair of the Federal Trade Commission (“FTC”) and Jonathan Kanter, Assistant Attorney General for the Antitrust Division of the U.S. Department of Justice (“DOJ”), held a joint press conference announcing the launch of a joint review of the Horizontal Merger Guidelines and Vertical Merger Guidelines (together, the “Merger Guidelines”). The current Horizontal Merger Guidelines were issued in 2010, and the current Vertical Merger Guidelines were issued in 2020. In September 2021, the FTC voted to withdraw its approval of the Vertical Merger Guidelines. The DOJ has not withdrawn its approval of the Vertical Merger Guidelines, though Assistant Attorney General Kanter stated that the DOJ “shares the FTC’s substantive concerns” with those guidelines.

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