Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

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Tuesday, May 4, 2010

The Proposed Revisions to the Horizontal Merger Guidelines: What Firms Contemplating a Transaction Should Know

Posted by D. Daniel Sokol

The Proposed Revisions to the Horizontal Merger Guidelines: What Firms Contemplating a Transaction Should Know

On April 20, 2010, the US Federal Trade Commission (FTC) and the US Department of Justice
(DOJ) released for public comment a substantial proposed revision of the Horizontal Merger
Guidelines, which have not been comprehensively revised since 1992. The guidelines are
designed to describe the analytical framework the agencies apply in determining whether a
merger is likely to substantially lessen competition.

During this webinar, leading members of Arnold & Porter’s antitrust merger practice, William
Baer and Debbie Feinstein, will team with renowned economist, Dennis Carlton, to review the
most significant changes that have been proposed to the current guidelines, including:

  • The role of market definition, market shares, and concentration under the new guidelines
  • The importance of price discrimination markets and consideration of harm to subsets of customers
  • The framework for analyzing unilateral and coordinated efforts
  • Monopsony power


We will discuss the rationale key FTC and DOJ officials have offered for the changes. In addition, our
panelists will discuss the most effective ways of providing comments to the antitrust enforcement
agencies before the guidelines are finalized. The FTC and DOJ are accepting public comments
regarding their proposed revision until May 20, 2010.

Participants:
William Baer, Partner, Chair, Antitrust Practice Group, Arnold & Porter LLP
Debbie Feinstein, Partner, Arnold & Porter LLP
Dennis Carlton, Senior Managing Director, Compass Lexecon, Professor of Economics, University of Chicago Booth School of Business

When: Monday, May 10, 2010 from 12:00 – 1:30 p.m. EDT
RS VP: Click here to register. Webinar details will be provided following your registration.

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