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


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.