In this issue:
Revising the Merger Guidelines
There is considerable confusion in the antitrust community regarding the appropriate use of Critical Loss Analysis and its potential alternatives.
The FTC and DOJ’s Horizontal Guidelines Review Project: What Changes Might Be In Store for Merger Review?
Discussing what will be some of the key issues in the Guidelines review process, including Market Definition, Market Share and Concentration Screens and Presumptions, Clarification on Unilateral Effects, and Use of Direct Evidence.
This divergence between the 1992 Guidelines and actual agency practice itself is sufficient to warrant revision of the 1992 Guidelines, agency practiceâ€”or perhaps both.
It would be in the agenciesâ€™ interest to consider what they have predicted well and what they have not before embarking to codify what they have been doing.
Enforcement Guidelines can facilitate inference by institutionalizing the language and analytic framework used by enforcers, but they must also be flexible enough to accommodate the many different ways in