Public Workshops on the 2023 Draft Merger Guidelines
Workshops Information
The Department of Justice and Federal Trade Commission jointly hosted three public workshops to facilitate public dialogue on the 2023 Draft Merger Guidelines. The first workshop took place on September 5 from 1 p.m. to 4:15 p.m eastern time. The half-day virtual workshop featured two panel discussions with former enforcers, academics, economists, and practitioners regarding questions and issues on which public comment will be most useful.
The second public workshop took place on October 5, 2023, from 1:30 p.m. to 4:45 p.m. eastern time and was co-hosted with the MIT Economics Department and the Mossavar-Rahmani Center for Business and Government, Harvard Kennedy School and was live streamed on the FTC’s website.
The third workshop took place on November 3, 2023, from 9 a.m. to 4:00 p.m. central time and was co-hosted with the University of Chicago Law School, Coase-Sandor Institute for Law and Economics. This workshop was held in person at the University of Chicago Law School and also live streamed.
Dates and Attendance
September 5, 20231:00 p.m.–4:15 p.m. ET |
This workshop was a virtual event and was live streamed. |
October 5, 20231:30 p.m.–4:45 p.m. ET |
Co-hosted with the MIT Economics Department and the Mossavar-Rahmani Center for Business and Government, Harvard Kennedy School. This workshop was held in person at the Harvard Kennedy School and also live streamed. |
November 3, 20239:00 a.m.–4:00 p.m. CT |
Co-hosted with the University of Chicago Law School, Coase-Sandor Institute for Law and Economics. This workshop was held in person at the University of Chicago Law School and also live streamed. |
Workshop Agendas
Tuesday, September 5, 2023 (all times are eastern)
This workshop was a virtual event and was live streamed.
The following resource is available on the FTC’s event web page:
1:00–1:15 p.m. |
Welcome and Introduction Susan Athey, U.S. Department of Justice, and Aviv Nevo, Federal Trade Commission |
1:15–2:35 p.m. |
Panel 1: Evolving Approaches to Raising Rivals’ Costs and Vertical Mergers from the 2020 VMG to the Draft Merger Guidelines Moderator Dave Lawrence, U.S. Department of Justice Panelists
|
2:35–2:45 p.m. |
Break |
2:45–4:05 p.m. |
Panel 2: Evolving Approaches to Mergers Between Rivals from the 2010 HMG to the Draft Merger Guidelines Moderator Susan Athey, U.S. Department of Justice Panelists
|
4:05–4:15 p.m. |
Closing Remarks |
Thursday, October 5, 2023 (all times are eastern)
This workshop was held in person (Cambridge, Mass.) and also live streamed.
The following resource is available on the FTC’s event web page:
1:30–1:45 p.m. |
Welcome and Introduction John Haigh, Co-Director, Mossavar-Rahmani Center for Business and Government, Harvard Kennedy School David Lawrence, U.S. Department of Justice |
1:45–3:00 p.m. |
Panel 1: Evidentiary and Analytical Tools for Assessing Competition Moderator Aviv Nevo, Federal Trade Commission Panelists
|
3:00–3:15 p.m. |
Break |
3:15–4:30 p.m. |
Panel 2: Competition for, on, and to Displace Platforms and Entrenchment Moderator Susan Athey, U.S. Department of Justice Panelists
|
4:30–4:45 p.m. |
Concluding Remarks/Discussion Kenneth Merber, Federal Trade Commission |
Friday, November 3, 2023 (all times are central)
This workshop was held in person (Chicago, Illinois) and also live streamed.
The following resource is available on the University of Chicago Law School website:
9:00–9:05 a.m. |
Welcome Thomas J. Miles, Dean and Clifton R. Musser Professor of Law and Economics, The University of Chicago Law School |
9:05–9:30 a.m. |
Opening Remarks Susan Athey, U.S. Department of Justice |
9:30–10:45 a.m. |
Panel 1: Rebuttals Moderator Andrew Forman, U.S. Department of Justice Panelists
|
10:45–11:00 a.m. |
Break |
11:00 a.m.–12:15 p.m. |
Panel 2: Labor Competition Moderator Ioana Marinescu, U.S. Department of Justice Panelists
|
12:15–1:30 p.m. |
Lunch Break |
1:30–1:45 p.m. |
Afternoon Remarks Principal Deputy Assistant Attorney General Doha Mekki, U.S. Department of Justice |
1:45–3:00 p.m. |
Panel 3: Dynamics of Competition Moderator Aviv Nevo, Federal Trade Commission Panelists
|
3:00–3:15 p.m. |
Break |
3:15–4:00 p.m. |
Closing Remarks Aviv Nevo, Federal Trade Commission |
Public Comment Submissions
The Justice Department’s Antitrust Division and the FTC are currently reviewing comments from the public on the Draft Guidelines, submitted online during the comment period that ended on September 18.