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FERC Reaffirms Merger Policy; Does Not Adopt DOJ/FTC 2010 Horizontal Merger Guidelines

by Jon Dubrow and Cerissa Cafasso Public utilities could face different levels of scrutiny in merger reviews before the U.S. Federal Energy Regulatory Commission, and the Department of Justice and the Federal Trade Commission (the Antitrust Agencies). To view the full article, please click here. 

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China Seeks Comments on New Evaluating Competitive Influence Rules

by Henry L.T. Chen and Frank Schoneveld To evaluate the competitive impact of an anti-monopoly review on the market of mergers and acquisitions (or concentration) and to guide business operators when filing notification of a concentration, the Ministry of Commerce of China has introduced Interim Measures on Evaluating Competitive Influence Caused by the Concentration of Business Operators (Draft for Comments) for public comment.  The deadline for submission of comments is June 13, 2011. To view the full article, click here.

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FTC Publishes Comments to FERC Notice of Inquiry Regarding 2010 Horizontal Merger Guidelines

by Jon B. Dubrow and Carrie G. Amezcua On Tuesday the FTC published its comments to FERC's Notice of Inquiry (NOI), in which  FERC had asked for comments on whether, (and if so, how), it should revise its approach for examining market power concerns arising from horizontal mergers to reflect the revised 2010 Horizontal Merger Guidelines published by the FTC and DOJ.  The NOI also asked for comments on what impact the revised Merger Guidelines should have on FERC's analysis of horizontal market power in its electric market-based rate program. The theme of the FTC's comments focus on encouraging FERC to adopt the broader set of concepts from the 2010 Horizontal Merger Guidelines, not just the revised HHI thresholds, as FERC's NOI suggests.  HHI (Herfindahl-Hirschman Index) is a measure of market concentration, based on market share analysis.  The FTC points out that a "critical thrust" of the 2010 Merger Guidelines is that...

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