The OFT Draft Mergers Jurisdictional and Procedural Guidance and Key Issues Arising in U.K. Merger Control

This article is part of a Chronicle. See more from this Chronicle Sheila Tormey, Jun 25, 2008 The Draft Procedural Guidance reflects the OFT’s increased concern with the difficulties it faces in reviewing completed mergers. Because notification under the U.K.’s merger control regime is voluntary, parties may complete and implement mergers without notifying the OFT […]

Comment on the OFT and Competition Commission Merger Guidelines Review

This article is part of a Chronicle. See more from this Chronicle Thomas Sharpe QC, Jun 25, 2008 n April 2008, the U.K. Competition Commission and the U.K. Office of Fair Trading launched a joint review of their respective guidelines for the assessment of mergers. Both had started separately, the OFT with a mere 119-page […]

A New Style of Merger Review in the U.K.: Perspectives on the Proposed Reforms

This article is part of a Chronicle. See more from this Chronicle Manish Das, Andrea Gomes da Silva, Jun 25, 2008 t is no surprise that the Substantive Guidelines and the Procedural Guidelines quickly became the starting point for those trying to understand how the authorities would apply the Enterprise Act to their merger. Yet […]

Observations on the Commission’s Evanston Remedy: When Is Divestiture, or Any Remedy, Not Appropriate for a Consummated Anticompetitive Merger?

This article is part of a Chronicle. See more from this Chronicle Mark Botti, May 27, 2008 On April 28, 2008, the U.S. Federal Trade Commission issued its final order, specifying the remedy for the antitrust violation it determined Evanston Northwestern Healthcare Corporation and Highland Park Hospital committed in 2000 when ENHC acquired Highland Park. […]

How the 2007 Amendment to the M&A Guideline Has Changed Merger Control Policy in Japan

This article is part of a Chronicle. See more from this Chronicle Akira Inoue, May 27, 2008 On March 27, 2007, the Japan Fair Trade Commission released its amended Guideline to Application of the Antimonopoly Act Concerning Review of Business Combination, which provides substantial revisions to the original Guideline to Application of the Antimonopoly Act […]

Merger Remedies: Lessons from the Evanston Northwestern Healthcare Decision

This article is part of a Chronicle. See more from this Chronicle Toby Singer, May 27, 2008 On August 6, 2007, the Federal Trade Commission issued an order in the Evanston Northwestern Healthcare hospital merger case, creating a unique remedy for a consummated hospital merger that the Commission had concluded in an adjudicative proceeding had […]

Economic Issues Relating to the Evanston Merger Remedy Order

This article is part of a Chronicle. See more from this Chronicle Monica Noether, May 27, 2008 Mergers can have both pro- and anticompetitive effects. They can allow firms to function more efficiently or to increase the quality and scope of their offerings, thereby benefiting consumers. Conversely, they may permit anticompetitive increases in price or […]

A History of Evanston and Analysis of the Merger Remedy

This article is part of a Chronicle. See more from this Chronicle Dionne Lomax, May 27, 2008 The Evanston case is a result of the Federal Trade Commission’s retrospective review of hospital mergers that was announced by then-FTC Chairman Tim Muris in 2002. The retrospective review was initiated by the FTC after both federal antitrust […]

A Perspective on the Whole Foods Decision: Would the Most Important Evidence Please Stand Up?

Michael Bernstein, Deborah Feinstein, Apr 24, 2008 In the old game show, To Tell the Truth, panelists tried to convince the audience that they were the one associated with a particular story. They had to weave facts and details into the story to make it sound like the events had happened to them. The audience […]

Critical Loss: Not Implementing the Hypothetical Monopolist Test!

This article is part of a Chronicle. See more from this Chronicle Gregory Werden, Apr 10, 2008 I recently argued in this magazine that a style of critical loss calculation I termed “CLAD” (Critical Loss Analysis by Defendants) does not properly implement the hypothetical monopolist test (HMT) for market delineation and is often highly misleading. […]