Clifford Chance
Trio Of U.S. Banking Regulators Revise Bank Merger Guidelines
September 26, 2024
On Tuesday, September 17, three of the federal agencies tasked with regulating the mergers of banks and bank holding companies under the U.S. banking and antitrust laws – the Antitrust Division of the U.S. Department of Justice (DOJ), the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC) – all published revised policy approaches to evaluating such combinations. For its part, the DOJ withdrew from the 1995 Bank Merger Guidelines, instead noting its reliance on the recently updated 2023 Merger Guidelines adopted by the DOJ and the U.S. Federal Trade Commission (FTC), which apply broadly across all industries, along with a newly published 2024 Banking Addendum, together signalling the DOJ's intent to broaden the scope of its competitive review of bank and bank holding company tie-ups.
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