Following in the wake of several high-profile vertical mergers, the Antitrust Division of the U.S. Department of Justice updated its Policy Guide to Merger Remedies on June 17. The new policy guide, which replaces the division’s 2004 guide, is intended to serve as a tool for Antitrust Division staff, merging parties and the bar seeking greater
transparency into the division’s current approach to merger remedies. While conduct remedies in vertical mergers have captured media attention of late, the new policy guide reinforces that remedies are always fact specific — they are designed to fit the alleged violation and flow from the theory of competitive harm.
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