United States of America: Closed consultation on the FTC and DOJ draft Merger Guidelines

On 18 September 2023, the public consultation closes on the US Department of Justice (DOJ) and the Federal Trade Commission (FTC) draft version of the Revised US Merger Guidelines. The Guidelines build upon and expand previous frameworks, providing clarity on the assessment of mergers under antitrust laws. In particular, the Guidelines include 13 principles that the agencies may apply to determine if a merger would negatively impact competition and violate antitrust laws. Additionally, the revised version includes information on mergers involving multi-sided platforms, specifying that such mergers can lead to competitive issues, even when the firms involved have a relationship with the platform that isn't strictly horizontal or vertical. The Guidelines note that the agencies, when assessing a case involving multi-sided platforms, will analyse the competition between platforms, competition on a platform, and competition to displace the platform.