1. Acquisitions, Divestitures & Mergers

FTC, DOJ Release New Draft Guidelines For Mergers

From the New York Times:

“The Biden administration’s top antitrust officials unveiled tougher guidelines against tech mergers on Wednesday, signaling their deepening scrutiny of the industry despite recent court losses in their attempts to block tech deal-making.

“Lina Khan, the chair of the Federal Trade Commission, and Jonathan Kanter, the top antitrust official at the Department of Justice, released draft guidelines for merger reviews that for the first time include a focus on digital platforms and how dominant companies can use their scale to harm future rivals.

“The guidelines — which generally provide a road map for whether regulators block or approve deals — show the Biden administration’s commitment to an aggressive antitrust agenda aimed at curtailing the power of companies like Google, Meta, Apple and Amazon.

“The guidelines, which aren’t enforced by law, follow a losing streak in the courts. A ruling last week prevented the F.T.C. from delaying the closing of Microsoft’s $69 billion acquisition of the video game maker Activision Blizzard. In January, a court sided against the F.T.C. in its lawsuit to stop Meta’s purchase of Within, a virtual reality app maker.”

KC’s View:

Why only tech companies?  Shouldn’t public policy be applied across the board, including to proposed retail mergers that create dominant companies that can use their scale to harm future rivals?

Just asking.

The post FTC, DOJ Release New Draft Guidelines For Mergers appeared first on MNB.

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