FTC Revamps Merger Guidelines

The FTC and the Department of Justice Antitrust Division have published draft guidelines to enforce merger law by adapting to the digital age and changing market dynamics. The guidelines address the impact on competition for workers and multi-sided platforms like Amazon that serve both consumers and businesses. This shift aligns with their increased efforts to regulate Big Tech companies from expanding further. The new guidelines outline 13 factors that will be used to evaluate whether a merger should be blocked. They are designed to provide judges with clearer guidance on merger law, addressing concerns from the past about a lack of clarity in this area. The public can submit comments on the draft guidelines until September 18, and the agencies will review these comments before making revisions, with the final publication depending on political dynamics after the 2024 presidential election.