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DOJ and FTC guidelines shed light on US deal reviews, while attracting criticism
28 July 2023 00:00
New draft merger guidelines published by the US Federal Trade Commission and the Department of Justice appear designed to give the two antitrust enforcers a much-needed boost to how they tackle the review of big deals. The 13 principles outlined shed light on the departments’ thinking. However, critics say that the document’s selective use of caselaw, along with its much tighter review thresholds, is cause for concern. What’s more, it remains unclear whether the guidelines will be embraced by the courts.