Seventeen Years Later: Thoughts on Revising the Horizontal Merger Guidelines

Antitrust Source, October 2009

21 Pages Posted: 28 Oct 2009

Date Written: October 1, 2009


In September 2009, the Federal Trade Commission and the Department of Justice announced plans to explore the possibility of updating the Horizontal Merger Guidelines. The agencies plan to solicit comments on particular topics and to hold a series of public workshops, with a goal of completing the review in mid-2010.

The agencies’ announcement was a welcome development. In the seventeen years since the last major revision to the Guidelines, there have been significant advancements in agency practice, merger economics, and federal court case law. This article describes twelve ways that the Guidelines should be revised to better reflect current agency practice, to incorporate aspects of merger analysis absent from the 1992 Guidelines, and to clarify certain aspects of the 1992 Guidelines.

Keywords: Merger Guidelines, Merger Enforcement Guidelines, Antitrust, FTC, DOJ

JEL Classification: K21, L40, L41, L49

Suggested Citation

Tucker, Darren S., Seventeen Years Later: Thoughts on Revising the Horizontal Merger Guidelines (October 1, 2009). Antitrust Source, October 2009. Available at SSRN:

Darren S. Tucker (Contact Author)

Vinson & Elkins LLP ( email )

2200 Pennsylvania Ave NW
Washington, DC 20037
United States

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