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Proposed Guide on Merger Remedies

Proposed Guide on Merger Remedies. Russell Damtoft U.S. Federal Trade Commission September 18, 2014 Latin America Competition CENTER Montevideo, Uruguay.

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Proposed Guide on Merger Remedies

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  1. Proposed Guide on Merger Remedies Russell Damtoft U.S. Federal Trade Commission September 18, 2014 Latin America Competition CENTER Montevideo, Uruguay The views expressed herein are those of the speaker and do not necessarily represent the views of the Federal Trade Commission or any individual Commissioner.

  2. Process: A New Concept • Rather than hire an outside consultant, a new approach was taken for this Guide: • First draft by expert staff of CRCAL members • Comments, refinements, and examples may be added by other members • Lower cost to CRCAL and its members • Practical approach may be more relevant to members’ needs

  3. Merger Remedies Guide Outline prepared by Daniel Ducore, FTC Assistant Director for Compliance FTC staff added relevant examples and alternative approaches based on OECD and ICN submissions Review and revision by Ducore Submission of draft to CRCAL members by Secretariat Now accepting comments and examples from CRCAL members

  4. Substantive Content of the Guides • Defining the goal the remedy should serve • Distinguishes remedies ordered by agencies or tribunals and those negotiated with the parties • Advantages and Disadvantages of Each • Structural remedies • Divestitures • Licensing IP rights • Timing issues • Behavioral remedies • Risk of excessive regulation • Non-horizontal mergers

  5. Draft Guide Draws on Experience

  6. Comments Received to Date Your Agency Here

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