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New Horizontal Merger Guidelines Released by Federal Regulators

The proposed terms of any merger transaction must be reviewed in light of the potential impact of federal and state antitrust laws and the two main federal regulatory bodies–the Federal Trade Commission and the U.S. Department of Justice–have periodically issued administrative guidance with respect to mergers and other transactions that might be covered by Section 7 of the Clayton Act and thus vulnerable to review and challenge under federal antitrust laws.  The latest guidelines were just recently issued and are briefly summarized in this month's report.