New DOJ Merger Remedies Guidance for Horizontal and Vertical Transactions

On 17 June 2011 the Department of Justice (DOJ) issued its new merger remedies guide. This guide reveals significant changes in the type of remedies and the transactions to which they apply. The guide also addresses the new Office of the General Counsel, which is responsible for evaluation and oversight of the remedies.

The most significant change reflected in the new guide is that the DOJ will now consider conduct remedies, in addition to structural remedies, as an effective method for dealing with competition concerns raised by horizontal as well as vertical mergers.

Merger and acquisition activity is expected to continue its resurgence, so counsel must understand the conditions under which the DOJ may permit a transaction with anticompetitive elements to go forward.

Hogan Lovells partner Joe Krauss will be part of an authoritative panel of antitrust attorneys that will examine the DOJ new merger remedies guide, including the key changes. The panel will offer practical guidance to evaluate, apply and implement remedies that may allow a vertical or horizontal transaction to go forward.

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