The 2023 Merger Guidelines: A Panel Discussion of the product, the process, and the prognosis
As you may know, the FTC and the DOJ Antitrust Division jointly released new draft merger guidelines to much fanfare, and even more controversy, in July 2023. In December 2023, the agencies concluded their review of comments on the draft, publishing the final guidelines. The new guidelines appear—in the eyes of many—to be an improvement over the draft document, although there remains considerable disagreement regarding how much improvement, and many of the document’s basic policy statements remain controversial.
Our distinguished panel of academics, practitioners, and former FTC commissioners will bring informed legal and economic perspectives to bear on the question of what the agencies have delivered and how courts and antitrust practitioners might apply this guidance. We would love to have you be part of the conversation. Lunch will be provided for registered participants.
Our panelists include Bruce Kobayashi, the Paige V. and Henry N. Butler Chair in Law and Economics at George Mason University’s Antonin Scalia Law School; Kristen Limarzi, a partner in the antitrust and competition practice group at Gibson Dunn; former FTC Commissioner and Acting Chair Maureen Ohlhausen, now a partner with Wilson Sonsini; Diana Moss, Vice President and Director of Competition Policy at the Progressive Policy Institute; and fellow former FTC Commissioner Noah Phillips, now co-chair of the antitrust practice at Cravath. Dan Gilman, ICLE senior scholar, will moderate our panel.