Thursday, May 7, 2009
Posted by D. Daniel Sokol
Ilene Gotts (Wachtell) and Étienne Renaudeau (Darrois Villey Maillot Brochier) provide their thoughts on merger guidelines in Through the Looking Glass: Ruminations on Improving the Current U.S. Merger Enforcement Guidelines.
ABSTRACT: The time has arrived for the U.S. agencies to re-examine their merger enforcement guidelines to ensure that they are not misleading and remain the gold standard model for other jurisdictions. This article discusses numerous areas in which the current U.S. merger enforcement guidelines (MEGs) might be revised. In addition, the article considers the advantages and disadvantages of revising the MEGs, alternatives to issuing new MEGs, and some procedural considerations for developing new MEGs.