(WNY News Now) – New York Attorney General Letitia James and a coalition of 17 states and territories have voiced their support for proposed revisions to the U.S. Department of Justice (DOJ) and the Federal Trade Commission’s (FTC) Merger Guidelines, emphasizing their potential to protect consumers, workers, and combat corporate consolidation.

Washington D.C. – New York Attorney General Letitia James, along with a multistate coalition comprising 17 states and territories, have submitted comments in favor of proposed revisions to the Merger Guidelines issued by the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC). These guidelines serve as a benchmark for determining the legality of corporate mergers in the context of antitrust laws.

The coalition argues that these revised guidelines will play a pivotal role in safeguarding the interests of consumers and workers by preventing excessive corporate power. Attorney General James emphasized the need to address the increasing concentration of companies, which has limited choices for consumers and employees alike.

The Merger Guidelines not only guide federal and state enforcers but also serve as persuasive references in merger law litigation. States like New York have a strong track record in merger enforcement, either collaborating with federal authorities or acting independently.

In their comments, the coalition highlights the importance of updating the guidelines to reflect the dynamics of the modern economy, particularly in regulating digital platform mergers. The revisions aim to revitalize merger enforcement while adhering to longstanding congressional mandates to preserve competition.

The coalition’s first set of comments supports the broader classification of mergers as presumptively anticompetitive and emphasizes raising the standards of proof for defenses raised by merging parties. They also recommend clarifying specific sections in the guidelines for better comprehension.

The second set of comments backs the DOJ and FTC’s acknowledgment that antitrust laws protect labor markets, which will help preserve worker wages, especially in concentrated industries like healthcare. They also endorse guidelines that examine not only merging firms’ influence on wages but also their impact on worker benefits and conditions.

The coalition consists of attorneys general from Arizona, California, Connecticut, Illinois, Maine, Maryland, Massachusetts, New Jersey, Oregon, Pennsylvania, Washington, Wisconsin, the District of Columbia, and the U.S. Virgin Islands. Additionally, attorneys general from Delaware, Hawaii, Minnesota, and Rhode Island have lent their support to the revised guidelines.

6 responses to “AG James and Multistate Coalition Support Revised Federal Merger Guidelines”

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