DOJ to Issue Arbitration Guidance for Merger, Antitrust Cases

The Justice Department is rolling out guidance governing how it will refer merger challenges and other antitrust cases to arbitration rather than going to court, the DOJ’s antitrust chief said.

The guidance “outlines case selection criteria that will help identify the division’s cases that will benefit from the application of arbitration and provides guidance on specific practices that may be employed in future arbitration,” Makan Delrahim, the assistant attorney general for the DOJ’s antitrust division, said Thursday.

The guidelines are expected to be released sometime Thursday, he said at an American Bar Association conference. The DOJ didn’t immediately reply to ...