U.S. Department
of Justice
2023 Merger Guidelines
2. Applying the Merger Guidelines
2. Applying the Merger Guidelines
This section discusses the frameworks the Agencies use to assess whether a merger may substantially lessen competition or tend to create a monopoly.
- 1. Overview
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2. Applying the Merger Guidelines
- 2.1. Guideline 1: Mergers Raise a Presumption of Illegality When They Significantly Increase Concentration in a Highly Concentrated Market
- 2.2. Guideline 2: Mergers Can Violate the Law When They Eliminate Substantial Competition Between Firms
- 2.3. Guideline 3: Mergers Can Violate the Law When They Increase the Risk of Coordination
- 2.4. Guideline 4: Mergers Can Violate the Law When They Eliminate a Potential Entrant in a Concentrated Market
- 2.5. Guideline 5: Mergers Can Violate the Law When They Create a Firm That May Limit Access to Products or Services That Its Rivals Use to Compete
- 2.6. Guideline 6: Mergers Can Violate the Law When They Entrench or Extend a Dominant Position
- 2.7. Guideline 7: When an Industry Undergoes a Trend Toward Consolidation, the Agencies Consider Whether It Increases the Risk a Merger May Substantially Lessen Competition or Tend to Create a Monopoly
- 2.8. Guideline 8: When a Merger Is Part of a Series of Multiple Acquisitions, the Agencies May Examine the Whole Series
- 2.9. Guideline 9: When a Merger Involves a Multi-Sided Platform, the Agencies Examine Competition Between Platforms, on a Platform, or to Displace a Platform
- 2.10. Guideline 10: When a Merger Involves Competing Buyers, the Agencies Examine Whether It May Substantially Lessen Competition for Workers, Creators, Suppliers, or Other Providers
- 2.11. Guideline 11: When an Acquisition Involves Partial Ownership or Minority Interests, the Agencies Examine Its Impact on Competition
- 3. Rebuttal Evidence Showing That No Substantial Lessening of Competition Is Threatened by the Merger
- 4. Analytical, Economic, and Evidentiary Tools