Splash or ripple? The potential impacts of the proposed US merger guidelines

The US antitrust agencies say proposed updates to their merger guidelines are necessary to capture the dynamics of modern markets and economics. Skadden Arps Slate Meagher & Flom partners Maria Raptis and Joseph Rancour and counsel Michael Sheerin argue the Federal Trade Commission and Department of Justice’s proposal presents a revisionist history of favourable case law unlikely to persuade the judiciary or dissuade dealing making.