ACC NCR: 2023 Merger Guidelines and How They Will Impact Future M&A Transactions

On December 18, 2023, the US Federal Trade Commission and the Justice Department jointly issued the 2023 Merger Guidelines following a public comment period on a draft released in July 2023. The Guidelines contain 11 principles that describe how the agencies may analyze a merger’s potential to harm competition. Although certain aspects of the final Guidelines are notably toned down compared to the draft, overall they continue to reflect the agencies’ current, aggressive approach to merger review and expansion on traditional theories of harm, and even doubling down on untraditional theories that have failed in court. 

In this webcast, panelists will take a deep dive into the 11 principles outlined in the new Guidelines, offer practical advice on how companies should adjust their transaction strategy to adhere to the new Guidelines, and provide an analysis of what the Guidelines may mean for the future of M&A transactions. 

Presented by John Scribner and Kristin Sanford, Partners at Weil and Troy Cahill, General Counsel and Corporate Secretary for LaserShip, Inc. and OnTrac Logistics, Inc.

1.5 Hours of VA MCLE pending.