DOJ’s Kanter: New Merger Guidelines to Address Enforcement’s ‘Disconnect’ with Court Precedent and Market Realities

BakerHostetler – On September 13, Assistant Attorney General Jonathan Kanter delivered remarks at the Georgetown Antitrust Law Symposium, largely focusing on merger control enforcement at the Department of Justice under his leadership. After touting the Antitrust Division’s increased appetite for merger control litigation in the 10 months since his appointment, delivering on a promise that negotiated divestitures should be “the exception, not the rule,” Kanter offered a preview of DOJ’s thoughts as it collaborates with the FTC on updating their joint Horizontal Merger Guidelines and Vertical Merger Guidelines.

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• BakerHostetler: DOJ’s Kanter: New Merger Guidelines to Address Enforcement’s ‘Disconnect’ with Court Precedent and Market Realities