More Pharma Mergers Will Be Presumed Anticompetitive Under New FTC/DOJ Guidelines

The FTC and DOJ revised draft merger guidelines could make it more difficult for companies to clear M&A reviews, but the agencies may have trouble winning challenges in court.

M&A review
Revised draft merger guidelines make it easier for the government to claim deals are anticompetitive. • Source: Shutterstock

The US Federal Trade Commission and Department of Justice plan to lower the threshold for when mergers are presumed to be anticompetitive, which will result in more challenges to transactions and require companies to spend more time rebutting claims that a merger violates antitrust laws.

The agencies issued a draft update of the merger guidelines, which identify principles that the FTC and DOJ may consider when determining whether a merger is anticompetitive under antitrust laws

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