Earlier this week, the Federal Trade Commission (FTC) and Department of Justice (DOJ) released revised merger guidelines. These guidelines replace and supersede the 2010 Horizontal Merger Guidelines and 2020 Vertical Merger Guidelines. One of the most significant revisions in the new merger guidelines is a re-incorporation of theories related to harm from mergers involving a potential competitor. In January of this year, TechFreedom hosted a roundtable discussion on whether revised merger guidelines should address potential competition. To further the discussion on this important issue, we are re-posting that discussion as an episode. As you listen, note that references to the guidelines are usually references to the then enforced guidelines—either the 2010 Horizontal Merger Guidelines or the 2020 Vertical Merger Guidelines.
Our original press release for this program in January
Bilal Sayyed: Actual Potential Entrants, Emerging Competitors, and the Merger Guidelines: Examples from FTC Enforcement