Almost one year ago, FERC solicited the public: Should FERC revise its approach to examining horizontal market power concerns? Well, should they? I’m not sure. Will they? No. “[A]fter reviewing the comments received, the Commission has decided to retain its existing policies regarding the analysis of horizontal market power when reviewing transactions under section 203 [...]
Archive for the ‘Mergers & Acquisitions’ Category
28 Mar
Revising FERC’s Horizontal Merger Policies
Law firm memos are abuzz with information on FERC’s recent Notice of Inquiry (NOI), which requests comments on whether – and how – to revise their approach to examining horizontal market power concerns. The question of revision was sparked by last year’s Horizontal Merger Guidelines – a document issued jointly by the FTC and DOJ [...]
