In this issue:

Revising the Merger Guidelines

Malcolm Coate, Joseph Simons, Dec 16, 2009

Critical Loss vs. Diversion Analysis: Clearing up the Confusion

There is considerable confusion in the antitrust community regarding the appropriate use of Critical Loss Analysis and its potential alternatives.

Mary Coleman, Dec 16, 2009

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.

Paul Denis, Dec 16, 2009

Horizontal Merger Guidelines Revision: A Draftsman’s Perspective

This divergence between the 1992 Guidelines and actual agency practice itself is sufficient to warrant revision of the 1992 Guidelines, agency practice—or perhaps both.

Deborah Feinstein, Dec 16, 2009

Revising the Merger Guidelines: Looking Back to Move Forward

It would be in the agencies’ interest to consider what they have predicted well and what they have not before embarking to codify what they have been doing.

Luke Froeb, Dec 16, 2009

On Revising the Horizontal Merger Guidelines

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


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