RUSSELL DAMTOFTU.S. FEDERAL TRADE COMMISSION

SEPTEMBER 18 , 2014

LATIN AMERICA COMPETITION CENTERMONTEVIDEO, URUGUAY

Proposed Guide on Merger Remedies

The views expressed herein are those of the speaker and do not necessarily represent the views of the Federal Trade Commission or any individual Commissioner.

Process: A New Concept

Rather than hire an outside consultant, a new approach was taken for this Guide: First draft by expert staff of CRCAL members Comments, refinements, and examples may be added

by other membersLower cost to CRCAL and its membersPractical approach may be more relevant to

members’ needs

Merger Remedies Guide

Outline prepared by Daniel Ducore, FTC Assistant Director for Compliance

FTC staff added relevant examples and alternative approaches based on OECD and ICN submissions

Review and revision by DucoreSubmission of draft to CRCAL

members by SecretariatNow accepting comments and

examples from CRCAL members

Substantive Content of the Guides

Defining the goal the remedy should serveDistinguishes remedies ordered by agencies or

tribunals and those negotiated with the parties Advantages and Disadvantages of Each

Structural remedies Divestitures Licensing IP rights Timing issues

Behavioral remedies Risk of excessive regulation

Non-horizontal mergers

Draft Guide Draws on Experience

Comments Received to Date

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