Comment: US agencies aim to facilitate profound merger policy changes through new guidelines, rules for notification
By Ilana Kowarski ( July 26, 2023, 20:31 GMT | Comment) -- New US draft merger guidelines and a proposed overhaul of the nation’s mandatory Hart-Scott-Rodino pre-merger notifications are designed to work in tandem to enable successful deal challenges based on theories of harm that the two antitrust agencies have recently emphasized. The recently published guidance highlights the agencies’ enforcement priorities towards deals that create concerns about buyer power, collusion risk, dominance entrenchment, killer acquisitions and market-foreclosure.New US draft merger guidelines and a proposed overhaul of the nation’s mandatory Hart-Scott-Rodino pre-merger notifications are designed to work in tandem to enable successful deal challenges based on theories of harm that the two antitrust agencies have recently emphasized....
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