Bush, Clinton, Bush: Twenty Years of Merger Enforcement at the Federal Trade Commission

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Malcolm Coate, Sep 24, 2009

In the 1980s, merger enforcement underwent two significant changes. First, the antitrust agencies fully developed the Hart-Scott-Rodino (“HSR”) merger review program. Both the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) gained experience in evaluating detailed data before reaching a decision on the likely competitive effect of a proposed transaction. Second, the DOJ issued, and then slightly revised, realistic Merger Guidelines that served as a roadmap for merger analysis. By th…

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