The Federal Trade Commission (FTC) and the Department of Justice (DOJ) announced they will consider updates to the Horizontal Merger Guidelines. Intended to reduce the uncertainty associated with enforcement of the antitrust laws in the merger area, the Guidelines outline the merger enforcement policies of the FTC and the DOJ, including describing the analytical framework and specific standards normally used by the agencies in analyzing mergers. They have not undergone significant revision since 1992. Given legal and economic developments since that time, the FTC and the DOJ believe the time is ripe to solicit public comment and hold joint public workshops to determine whether the Guidelines take into account these developments and to determine whether the Guidelines accurately reflect the current practice of merger review at the FTC and the DOJ.
The agencies will issue a set of questions about the current Guidelines and possible revisions, allowing public comment and agency original research. Afterwards, the agencies will host a series of five workshops, open to the public and the press. The workshops are scheduled to occur in Washington, D.C. on December 3, 2009, and then Chicago, New York City, San Francisco, and a final workshop again in Washington, D.C., throughout the remainder of December and in January 2010. Additional information about the date, time, and exact location of the workshops will be provided at a later date.
The FTC will post a set of questions on its web site. The agencies are particularly looking for comments from attorneys, economists, academics, consumer groups, and the business community. Given the increase in hospital mergers and medical practice acquisitions, members of the health care community should be interested in the agencies’ updates to the Guidelines.