Under the proposed guidelines, agencies will consider whether a merger substantially lessens the competition for workers so that the reduction in labor market competition may lower wages or slow wage growth, worsen benefits and working conditions. This marks a significant departure from previous merger analyses. Credit: zenzen/Adobe Stock Under the proposed guidelines, agencies will consider whether a merger substantially lessens the competition for workers so that the reduction in labor market competition may lower wages or slow wage growth, worsen benefits and working conditions. This marks a significant departure from previous merger analyses. Credit: zenzen/Adobe Stock

In July 2023, the Federal Trade Commission and the Department of Justice Antitrust Division issued revised merger guidelines (proposed guidelines) that if adopted would lead to increased antitrust scrutiny of proposed transactions. The proposed guidelines contain significant changes from the current version, which were issued in 2010 and follow on the heels of the agencies' June 29, 2023, rulemaking which proposes sweeping changes to the Hart-Scott-Rodino (HSR) notification process.

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