Parker to Participate in Federal Trade Commission/Department of Justice Workshops Concerning Horizontal Merger Guidelines

December 3, 2009

O’Melveny partner Rich Parker has been asked to participate in the first in a series of five FTC/DOJ workshops regarding the Horizontal Merger Guidelines Review Project. Parker will be a speaker on the second panel, “Direct Evidence of Competitive Effects.”  This event will take place on December 3 in Washington, DC and will also be available via live webcast. The workshop is free and open to the public.


The goal of the workshop series is to determine whether the Horizontal Merger Guidelines accurately reflect the current practice of merger review at the FTC and DOJ, as well as to take into account legal and economic developments that have occurred since the last significant Guidelines revision in 1992. Leading officials in the FTC and DOJ have repeatedly highlighted the importance of the sessions.


“The bulk of the Merger Guidelines is over 17 years old,” said FTC Chairman Jon Leibowitz. “The 1992 Guidelines explicitly stated that they would be revised from time to time. We think the time has come to do that.”


“In light of legal and economic developments that have occurred since the last major revision of the guidelines, it is an appropriate time for the antitrust agencies to conduct a review of the guidelines to determine whether any revisions should be made to better protect American consumers and businesses from anticompetitive mergers,” said Christine A. Varney, Assistant Attorney General in charge of DOJ’s Antitrust Division. “Having guidelines that offer more clarity and better reflect agency practice provides for enhanced transparency and gives businesses greater certainty when making merger decisions, resulting in a more competitive marketplace that benefits consumers.”