The Merger Guidelines Commentary: Practical Guidance and Missed Opportunities

Antitrust Source, May 2006

13 Pages Posted: 1 May 2009

Date Written: May 2006


Historically, the Antitrust Division of the U.S. Department of Justice and the Federal Trade Commission have provided only limited details of their merger enforcement policies. More recently, the agencies have made a noticeable effort to improve transparency in merger enforcement, including releasing a Commentary on the 1992 Horizonal Merger Guidelines. The Commentary, which was released in March 2006, provides substantial insight into the application of the theoretical framework of the Guidelines. In this article, we identify and discuss key lessons from the Commentary and highlight those areas where the Commentary appears to be inconsistent with current agency practice or the case law. We conclude by identifying a few missed opportunities.

Keywords: merger enforcement, FTC, Antitrust Division, Merger Guidelines

JEL Classification: K21, L41

Suggested Citation

Tucker, Darren S. and Sayyed, Bilal, The Merger Guidelines Commentary: Practical Guidance and Missed Opportunities (May 2006). Antitrust Source, May 2006, Available at SSRN:

Darren S. Tucker (Contact Author)

Vinson & Elkins LLP ( email )

2200 Pennsylvania Ave NW
Washington, DC 20037
United States

Bilal Sayyed

TechFreedom ( email )

1899 L ST NW
12th Floor
Washington, DC 20036
United States

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