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Comment: Lack of merger-friendly case law in FTC-DOJ merger guidelines could spur court skepticism despite extensive citations

By Flavia Fortes, Ilana Kowarski, Ben Brody and Serafina Smith ( July 20, 2023, 22:17 GMT | Comment) -- New draft US merger guidelines heavily cite antitrust precedent throughout footnotes, but the cherry-picking of case law — which left out important recent antitrust decisions in favor of merging parties — could prompt judges to question the application of the new guidance.New draft US merger guidelines heavily cite antitrust precedent throughout footnotes, but the cherry-picking of case law — which left out important recent antitrust decisions in favor of merging parties — could prompt judges to question the application of the new guidance....

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