The DOJ Antitrust Division revised its Merger Remedies Manual. The new manual is an update to the Division's 2004 Policy Guide to Merger Remedies.
According to the DOJ, the purpose of the manual is "to provide Division attorneys and economists with a framework for structuring and implementing appropriate relief short of a full-stop injunction in merger cases." Further, the manual is intended to ensure that "remedies are based on sound legal and economic principles and are closely related to the identified competitive harm."
The new manual (i) includes explanations of the Division's approach to consummated transactions, (ii) outlines red flags that the DOJ has observed and (iii) reflects the DOJ's principles in ensuring the full implementation of consent decrees.
In the manual, the DOJ also emphasizes that merger remedies:
- must preserve competition;
- must be enforceable;
- should not establish government regulation of the market; and
- if temporary, should not be used to ameliorate persistent competitive harm.
Additionally, the DOJ stated that the risk of a failed remedy should fall on the merging parties, not consumers.
Primary Sources
- DOJ Press Release: Justice Department Issues Modernized Merger Remedies Manual
- DOJ Antitrust Division 2020 Merger Remedies Manual
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