FTC, DOJ Seek to Rewrite Merger Guidelines, Signaling a Tougher Look at Large Deals

The agencies said they are"particularly interested" in learning about where the earlier guidelines"may underemphasize or neglect" important aspects of competition. They list labor market effects and elements of competition that aren't tied to prices, like innovation and quality, as examples of such aspects.

The request for comment contains an entire section of questions devoted to digital markets, asking whether the guidelines should differ in for such markets, how they should take into account the ways data can help firms amass power and how enforcers should assess two-sided markets, like when platforms serve both advertisers and consumers.

A growing contingent of antitrust scholars, including progressive FTC Chair Lina Khan, have argued that enforcing antitrust laws in digital markets requires a different lens than what's traditionally applied to deals and competitive conduct. That's in part, they argue, because such businesses may be able to use data and network effects to concentrate their power and bar competition, even if prices for consumers appear low or even free in return.

Enforcers have already been quick to review large tech deals by internet giants. The DOJ reportedly continued probing

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Meta's Oculus VR business under investigation by FTC, multiple states: reportThe Federal Trade Commission and a group of states including New York, Tennessee and North Carolina have reportedly launched an investigation into Meta's Oculus unit. Interesting how fast the media started calling FB “Meta”
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