A Discussion with Shaoul Sussman on the DOJ and FTC’s New Merger Guidelines

Aug 03, 2023

On this episode of Second Request, Teddy Downey and the FTC’s Shaoul Sussman discuss the new draft merger guidelines from the FTC and DOJ. Shaoul describes some of the market dynamics, economic conditions and case law reflected in the new guidelines, and why the agencies thought it was time for an update: The agencies “have a mandate to make the guidelines more accessible and provide clear rules of the road, both for CEOs that contemplate a merger and also for the public to understand what goes into how we think about cases.”

Listen to the podcast to hear them delve into some of the language and intentions of individual guidelines, including:

  • Guideline six and market structures
  • Guideline seven and the concept of dominance
  • Guideline eight and concentration trends

The transcript of this conversation is also available here.