June Antitrust Bulletin

DOJ Issues New Merger Remedy Guide

On June 17, 2011, the U.S. Department of Justice (DOJ) issued an updated version of the Antitrust Division's Policy Guide to Merger Remedies, to recognize "changes in the merger landscape" and the recent creation of the Office of the General Counsel, which will be responsible for enforcing consent decrees. The policy guide, which revises guidance originally issued in 2004, offers clear guidance for companies who may have deals reviewed by DOJ. In particular, the guide states that while DOJ continues to rely predominantly on structural remedies, conduct remedies may also be utilized, particularly in vertical mergers. This change to the vertical mergers section of the policy guide was foreshadowed by some of DOJ's recent cases, including the Ticketmaster Entertainment Inc.-Live Nation Inc. and Comcast Corp.-NBC Universal mergers.

New Merger Regulations Go into Effect in India

New antitrust rules went into force in India on June 1, 2011, giving the Competition Commission jurisdiction to review "combinations" that meet certain financial thresholds. Transactions which ordinarily are not likely to cause an appreciable adverse effect on competition in India are likely to be exempt from the filing requirements. Though the Commission has set a target of reviewing most transactions within 30 days, the new rules provide for a review period of seven months.

DOJ Settles Challenge to Sale of Chicken Processing Plant

On June 23, 2011, the DOJ announced a settlement with George's, Inc, a chicken processor, that requires the company to make capital...