On September 3, 2020, the U.S. Department of Justice released its updated Merger Remedies Manual (the “Manual”). The Manual emphasizes the DOJ’s strong preference for “structural” remedies (i.e., divestitures) over “behavioral” or “conduct” remedies to address potential competitive harms that result from either horizontal or vertical mergers. In addition, the Manual stresses the DOJ’s commitment to strict implementation of and compliance with agreed-upon remedies. This follows last month’s announcement by the DOJ regarding the establishment of the Office of Decree Enforcement and Compliance.
In 2018, Assistant Attorney General Makan Delrahim signaled the DOJ’s preference for structural remedies when he announced … Read more