DOJ and FTC guidelines shed light on US deal reviews, while attracting criticism
28 July 2023 00:00
Duration: 11:21
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.
Editorial Team
James Panichi Senior Editor, Asia Pacific
James, an Australian journalist with over 25 years’ experience in print and electronic media, helps to oversee MLex’s coverage of regulatory risk in Asia, with special attention to Australia and New Zealand. In 2016, James was appointed as MLex’s managing editor for continental Europe, overseeing the Brussels bureau’s coverage of EU regulatory affairs and managing a team of 16 journalists in Brussels and Geneva. Previously James worked for the European Voice newspaper, before joining the... Read more
Flavia Fortes Global Head of Mergers
Flavia writes about merger control, antitrust enforcement and litigation in the U.S. and Brazil. Before joining MLex, Flavia worked as an Antitrust Consultant in the Federal Trade Commission's Office of International Affairs and as a Research Fellow for the American Antitrust Institute. She has written on the intersection of antitrust law and intellectual property law in technology-driven and innovative markets.Flavia holds a LL.M. in intellectual property from the George Washington University Law School and a... Read more
Ilana Kowarski Senior M&A Reporter
Ilana is a senior M&A reporter based in Washington, DC. She came to MLex from US News & World Report, where she covered higher education and specialized in writing about graduate schools. During her journalism career, Ilana has reported on a variety of subjects – including arts and culture, business and politics – and she has significant experience as a data reporter and investigative journalist.Ilana earned a bachelor’s degree in Law, Letters and Society at... Read more