Guidelines for Tech Use in Mergers

On July 19, 2023, the Department of Justice and the Federal Trade Commission (FTC) jointly released draft Merger Guidelines to amend and update both the 2010 Horizontal Merger Guidelines and the Vertical Merger Guidelines that were issued in 2020 and later rescinded by the FTC in 2021.

The draft guidelines underscore recent enforcement efforts to rein in technology mergers. They target large platform providers, as well as mergers that might entrench or extend a dominant position (suggesting that a 30 percent share implies a dominant position). The draft guidelines focus on multisided platforms and competition between platforms, on the platform and to displace a platform. The agencies also specifically reference the use of algorithms and artificial intelligence in assessing potential post-merger coordination. Read the full Alert on the Duane Morris website.

DOJ Reviewing Paramount Consent Decrees

What are known as the “Paramount Consent Decrees” have governed the manner in which film studios have distributed films to movie theaters for 70 years. But that might change as part of a further deregulatory effort by the current administration. Indeed, the Department of Justice reportedly is reviewing the decrees.

The Paramount Consent Decrees emerged from a significant antitrust cased brought by the DOJ against Paramount Pictures, Warner Brothers, MGM, RKO Pictures, 20th Century Fox, and some other film studios. When the DOJ pursued this case in the 1940s, the film studios controlled many aspects of filmmaking. This included not only film production itself, but also long-term contracts with actors and the owning of movie theaters. The DOJ argued at the time that this made it extremely difficult for independent companies to compete.  Continue reading “DOJ Reviewing Paramount Consent Decrees”

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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