DOJ and FTC Finalize New Merger Guidelines

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On December 18, 2023, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued the final version of new merger review guidelines (Merger Guidelines), five months after the agencies published a draft for public comment. The new 2023 Merger Guidelines describe the analytical frameworks used by the current DOJ and FTC to assess whether mergers and acquisitions are likely to substantially lessen competition or tend to create a monopoly in violation of federal antitrust laws.