DOJ, FTC release 2023 merger guidelines
American Hospital Association December 18, 2023
The Justice Department and the Federal Trade Commission Dec. 18 jointly issued the 2023 merger guidelines describing how the agencies review mergers and acquisitions to determine compliance with federal antitrust laws.
The 2023 merger guidelines released today finalize the July draft merger guidelines that outlined principles the agencies may use when determining whether a merger is unlawfully anticompetitive, and clarifying the frameworks and tools they may use when analyzing a merger with respect to each guideline.
The AHA in September submitted detailed comments on the draft guidelines saying they ignored serious flaws in contemporary enforcement practice against hospital mergers; placed far too much weight on cases from the...