The Federal Trade Commission (FTC) and Department of Justice (DOJ) have taken steps to update the Merger Guidelines and overhaul the premerger notification process, each with a sharpened focus on the effect a merger may have on labor markets.

Companies will need to consider the impact of potential mergers on labor markets. The proposed changes signal the intent of the Agencies to review the impact of proposed transactions on labor markets and could result in additional merger challenges where proposed transactions have the potential to negatively affect worker mobility, wages, and/or benefits, even if the merger may result in benefits for consumers.

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