Overview
On January 11 Global Competition Review quoted Lee Berger in an article titled, "IQVIA/Propel ruling a boost for new guidelines, experts say." The article discusses how the Federal Trade Commission’s win against IQVIA/Propel may suggest that courts will adopt new Merger Guidelines, including new 305 market share horizontal merger presumption threshold.
Speaking about the victory Berger said, "I see Judge Ramos’ decision as an endorsement of the 2023 Merger Guidelines." Berger further explained that "the fact that Judge Ramos didn’t expressly rely on the new guidelines is just a matter of timing" because the new guidelines were finalized after the preliminary injunction hearing.
