The Department of Justice and the Federal Trade Commission (FTC) solicited public comments and held joint public workshops to explore the possibility of updating the Horizontal Merger Guidelines that are used by both agencies to evaluate the potential competitive effects of mergers and acquistions. The goal of the workshops was to determine whether the Horizontal Merger Guidelines accurately reflect the current practice of merger review at the Department and the FTC as well as to take into account legal and economic developments that have occurred since the last significant Guidelines revision in 1992.
Merger Guidelines Workshops
Presented at the Third Annual Georgetown Law Global Antitrust Enforcement Symposium by Assistant Attorney General Christine A. Varney (September 22, 2009)
Transcript - Files
Request for Comments
In connection with the workshops, interested parties are invited to submit written comments or original research. A list of specific questions to inform the first workshop discussions is set forth below; the agencies may post additional questions relevant to subsequent workshops discussions at a later date.
Initial comments should be submitted by November 9, 2009, to ensure ample time for consideration prior to the first workshop. Comments should refer to “HMG Review Project – Comment, Project No. P092900.” To file electronically, follow the instructions and fill out the form at https://public.commentworks.com/ftc/hmgworkshop1. Paper comments should include the above reference both in the text and on the envelope, and should be mailed or delivered to:
Federal Trade Commission
Office of the Secretary, Room H-135 (Annex P)
600 Pennsylvania Avenue NW,
Washington, DC 20580
Comments containing confidential material, however, must be filed in paper form, must be clearly labeled “Confidential,” and must comply with Commission Rule 4.9(c). The FTC requests that any paper comments be sent by courier or overnight service, if possible, because postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions.