OCT-10(2)

In this issue:

In August, the FTC and DOJ issued their new horizontal merger guidelines. In this special double issue, we explore if these new guidelines accomplish the Agencies’ stated goals: describing their go-to analytical techniques; increasing transparency of the review process; and developing a framework to assist the courts in interpreting the antitrust laws. Our distinguished group of practitoners and scholars—Bill Blumenthal; Malcolm Coate & Joe Simons; Paul Denis; Mike Doane, Luke Froeb, & Steven Tschantz; Jim Langenfeld; Greg Leonard; Jan McDavid & Eric Stock; and Hill Wellford & Greg Wells—give us their diverse opinions. Enjoy!

The 2010 Horizontal Merger Guidelines

Oct 28, 2010

Thy Lamp Unto the World: International Convergence After the 2010 Guidelines

By reducing clarity and consistency in favor of granting broader discretion to decision makers, the Guidelines waive an opportunity to serve as a template for bringing greater order to global process. William Blumenthal (Clifford Chance)

Malcolm Coate, Joseph Simons, Oct 28, 2010

Continuity and Change in the 2010 Merger Guidelines

The revision is also innovative, because it modifies the methodology to place greater emphasis on evidence of adverse competitive effects. Most of this evidence is completely consistent with past practice and uncontroversial. One type of evidence is not. Malcolm B. Coate (FTC) & Joseph J. Simons (Paul, Weiss)

Paul Denis, Oct 2

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