NGA Encouraged by Proposed Merger Guidelines Focus on Buyer Power
The Federal Trade Commission (FTC) and Department of Justice (DOJ) released today a highly-anticipated proposed update to merger enforcement guidelines. The proposed draft significantly re-writes merger enforcement standards to include new considerations for mergers that enhance buyer power. Specifically, one of the thirteen proposed guidelines directly addresses buyer power (i.e. monopsony power) where a merger of competing buyers lessens competition for other sellers. …