2. But they didn't get their wish. Instead, Ferguson says the guidelines are good policy, built solidly on the law. He's right — the guidelines are deeply grounded in both statute and case law. They've now been cited as persuasive authority by more than a dozen courts.
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@ronmknox.bsky.social and I wrote about this huge policy shift and its implications in 2023:
If you want to learn more about the 2023 Guidelines, here's our explainer. (You'll also find links to our public comment letter calling for new guidelines in 2021 and an in-depth report on the history of merger policy.)