On December 18, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly issued new Merger Guidelines. The new guidelines amend, update and replace the numerous versions of merger guidelines previously issued by both agencies, including the 2010 Horizontal Merger Guidelines and the Vertical Merger Guidelines that were issued in 2020 and later withdrawn by the FTC in 2021. Below are our key takeaways, followed by some discussion of how the agencies apply the guidelines and then a deeper-dive into some industry-specific considerations.
FTC, DOJ and HHS Promoting Competition in Healthcare Industry
On December 7, 2023, the Federal Trade Commission announced that it, the Department of Justice and the Department of Health and Human Services are collaborating to promote competition, lower healthcare costs and improve the quality and availability of healthcare.
What’s Next for Antitrust Enforcement After DOJ’s No-Poach Prosecution Dismissed?
On November 15, 2023, the U.S. District Court for the Northern District of Texas granted a motion by the U.S. Department of Justice (DOJ) to dismiss indictments in its last remaining criminal no-poach antitrust case, United States of America v. Surgical Care Affiliates, LLC, et al., No. 3:21-cr-00011-L (N.D. Tex. Nov. 15, 2023). The government’s voluntary dismissal of the case—the first criminal no-poach indictment brought by the DOJ in early 2021—could signify the beginning and end of DOJ’s quest to enforce no-poach agreements as per se violations of the Sherman Act.