DOJ Merger Statement Renews Focus on Competitive Implications of Industry Standards

Donald Falk, Christopher Kelly, Apr 30, 2012

…The DOJ’s statement has caused some consternation, as it signals at the very least that the agency may be willing to use the merger review process to discourage-and possibly even extract concessions related to-a company’s lawful exercise of its intellectual property rights, even where the DOJ acknowledges that the acquisition itself would not be anticompetitive. It is not clear that the DOJ will intervene more aggressively to regula