Recorded Webinar—Modernization or Transformation?: An Expert Assessment of the DOJ/FTC Draft Merger Guidelines

Webinar

Panelists:
Debbie Feinstein, Arnold & Porter
Jonathan Gleklen, Arnold & Porter
Deborah Garza, Rule Garza Howley LLP
Daniel J. Howley, Rule Garza Howley LLP

Description:

When announcing the draft’s release, the U.S. Attorney General explained that the federal antitrust agencies revised the Merger Guidelines to address modern market realities. Yet, the draft’s 13 sections also reflect the agencies’ abrupt recent shift in enforcement priorities and methods that seem rather more vintage than modern. Our panel, which includes former FTC and DOJ senior competition officials and ABA Antitrust Division Chairs, will discuss how and why the draft is a marked departure from past Guidelines; what the agencies intend the Guidelines to accomplish; and what insights the proposal offers businesses and their counsel as they assess the current enforcement environment.

Speakers' Biographies

Debbie Feinstein

Debbie Feinstein heads Arnold & Porter's Global Antitrust group. She re-joined the firm from the U.S. Federal Trade Commission (FTC), where she was Director of the Bureau of Competition, 2013-2017. Debbie had previously served at the FTC from 1989 to 1991 as Assistant to the Director of the Bureau of Competition and Attorney Advisor.

More about speaker

Jonathan Gleklen

Jonathan Gleklen serves as Chair of Arnold & Porter’s US Antitrust/Competition practice and in 2021-2022 served as the Chair of the 9,000-member American Bar Association Antitrust Law Section. Before occupying that position at the ABA, Jon served as the Section’s Chair-Elect, Vice Chair, Committee Officer, Publications Officer, and International Officer.

More about speaker

Deborah Garza

Deborah Garza is a partner with Rule Garza Howley LLP. A 2022 recipient of Global Competition Review’s Lifetime Achievement Award, Deb previously served as Deputy Assistant Attorney General and Acting Assistant Attorney General of the Antitrust Division of the U.S. Justice Department, and Chair of the Antitrust Modernization Commission. She was Chair of the ABA’s Antitrust Section during its 2018-19 year.

More about speaker

Daniel J. Howley

Daniel J. Howley is a partner with Rule Garza Howley LLP. He advises clients on antitrust matters, including mergers and acquisitions, and civil and criminal investigations by the U.S. Department of Justice and the Federal Trade Commission, and civil and criminal litigation. He previously served as a law clerk to U.S. District Court for the District of New Jersey Judge Garrett E. Brown, Jr.

More about speaker