Merger remedies in the US: An overview of the leading caseClick here to read the full article online
This a collection of important U.S. federal antitrust merger remedies since 2000. For anyone trying to understand the U.S. approach to merger remedies, the guidance documents issued by the U.S. federal antitrust enforcement agencies, the Antitrust Division of the United States are the right starting point. The Agencies, however, have recently called their own prior policies into question. New developments suggest that the Agencies may be less likely to accept remedies or will press for more robust protections. Therefore, it is important to actively monitor new developments in this dynamic environment. The goal of this compilation is to discuss the main aspects of the Agencies’ analysis, implementation, and enforcement of merger remedies, including more recent statements, and to provide a broader collection of illustrative examples than is found in the Agencies’ formal guidance.