Tag: Merger Enforcement
Mergers as Monopolization
We tend to think of mergers and monopolization as separate and distinct branches of antitrust. Using Section 2 to attack mergers raises the question...
Ending Monopolization Via Mergers: How and Why to Restore Legislative Intent...
Mergers have been a persistent tactic by which powerful companies grow their power and monopolize markets. In passing and amending the Clayton Act, Congress...
Protecting Competition to Innovate is Protecting Competition in Future Markets: Ten...
For at least the last 30 years the American and European competition authorities have claimed they can protect competition to innovate. The authorities have...
Revisiting the Merger Guidelines: Protecting an Enforcement Asset
What should we do with a magic wand? The revision of the merger guidelines offers an opportunity to update and improve the foundational texts...
Reevaluating Out-of-Market Efficiencies in Antitrust
By John M. Yun (George Mason University)
Antitrust analyses relegate efficiencies to a second-class status. Not only are they often an after-thought when assessing conduct...
Updating the Merger Guidelines: A Dynamic Reboot
In this article we offer a number of recommendations for updating the merger guidelines. Our comments address six distinct areas: (1) the guidelines’ structure, (2)...
Beginnings of an Antitrust Revolution?
President Biden made antitrust law — and reforming it — an important part of his administration’s agenda. Nearly nine months after he issued a...
Seven Myths of Market Definition
Roughly a year into control of the federal antitrust agencies, President Biden’s antitrust team is turning its attention to policies and enforcement practices. They...
Fix It or Forget It: A “No-Remedies” Policy for Merger Enforcement
The inherent limitations of remedies as a method of resolving competitive concerns with mergers have become more evident. The expansive use of remedies in...
Physician Groups – The Next Enforcement Frontier for Healthcare Provider Mergers?
The Federal Trade Commission’s recent announcement that it will be undertaking a retrospective study of physician group consolidations may signal an increased focus on...
