The public comment period for the 2023 draft updates to the Merger Guidelines (“Draft Guidelines”), issued by the U.S. Federal Trade Commission and Department of Justice, has come to an end. The process has witnessed the submission of approximately 1,600 comments from various stakeholders. Due to the significant interest attracted by these guidelines, the comments can be read online.
The Merger Guidelines have been followed with keen interest given they are expected to shape the regulatory landscape for corporate mergers and acquisitions in the United States in the coming years. The anticipation built up around the guidelines is not without reason, as they will have a direct effect on the operations of many businesses, including those of large corporations and major law firms.
Nevertheless, now that the public commentary stage is over, both the legal and corporate community will be waiting with bated breath for the final draft regulations. The question of interest will be whether the authorities have taken into account the concerns raised by respondents and how this will be reflected in the drafting of the final guidelines.