What Do We Do with Presumptions in Antitrust?

Winter was coming, as it does. We knew the agencies were going to issue new merger guidelines, and then they did. On Dec. 18, 2023, the Federal Trade Commission (FTC) and U.S. Justice Department (DOJ) jointly issued merger guidelines, supplanting 2023’s draft guidelines, the 2010 Horizontal Merger Guidelines, and the 2020 (partially withdrawnVertical Merger Guidelines.

That’s big news in antitrust, even though the guidelines do not have the force of law. There’s more on the merger guidelines below. But what else is new?

Read the full piece here.