Considering Judicial Treatment Of The 2023 Merger Guidelines

As they left office, the heads of the U.S. antitrust agencies during the Biden administration touted the issuance of their new merger guidelines as one of their major accomplishments. Given that there have been a number of recent judicial decisions on merger challenges, we can begin to assess the extent to which courts have changed how they analyze merger enforcement actions since the agencies issued their new set of merger guidelines on Dec. 18, 2023.