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Tarik Cyril Amar
Jeffrey Bernstein Ph.d
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Maximilian Hess
Meet the New FTC—Same as the Old FTC
Jack Nicastro | 2.21.2025 1:15 PM
Federal Trade Commission (FTC) Chair Andrew Ferguson announced Tuesday that the 2023 joint merger guidelines adopted by the Biden administration's FTC and Department of Justice (DOJ) are still in effect. While continuity in merger policy is crucial for economic decision making, the 2023 guidance abandons the consumer welfare standard for an anachronistic approach based on market shares. The Trump administration should not perpetuate the Biden administration's error.
The FTC and DOJ published their first joint guidelines in 1992. There have only been three revisions since. Ferguson explains that the continuity of these guidelines between administrations avoids "a recriminatory cycle of partisan rescissions" that........
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