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Antitrust Chronicle - Damages & Fines

A Shift in Merger Enforcement Risks Damaging Our Economy

By: Sean Heather (U.S. Chamber of Commerce/NERA) The Federal Trade Commission and the Antitrust Division of the Department of Justice have embarked on the process...
ANTITRUST CHRONICLE - Merger Guidelines - November 2022

Antitrust Chronicle® – Merger Guidelines

Dear Readers, The U.S. Justice Department first published merger guidelines in 1968, with the goal of providing transparency to the standards applied in reviewing mergers....
2-New Merger Guidelines Should Keep The Consumer Welfare Standard By Mark Israel, Jonathan Orszag & Jeremy Sandford

New Merger Guidelines Should Keep the Consumer Welfare Standard

Recent statements by the heads of the Federal Trade Commission and Department of Justice suggest that new merger guidelines may replace the tried-and-tested consumer...
3-Revisiting The Merger Guidelines: Protecting An Enforcement Asset By Daniel Francis

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...
4-Treating Like Cases Alike: The Need For Consistency In The Forthcoming Merger Guidelines By Keith Klovers, Alexandra Keck & Allison Simkins

Treating Like Cases Alike: The Need for Consistency in the Forthcoming...

The U.S. Department of Justice and Federal Trade Commission are expected to release new merger guidelines soon. Among other requirements, the Agencies should strive...
5-Adapting Merger Guidelines To A Digital Environment By Mark A. Jamison

Adapting Merger Guidelines to a Digital Environment

Contemporary merger guidelines are heavily dependent on empirical observations of past and present markets. This feature makes the guidelines inadequate for addressing market power...
6-The Neo-Brandeisian Approach To Vertical Mergers – A Zipline To Oblivion? By Abbott B. Lipsky, Jr.

The Neo-Brandeisian Approach to Vertical Mergers – A Zipline to Oblivion?

In a major policy switch, federal antitrust agencies recently announced increased hostility to vertical mergers. Stated reasons include skepticism of their benefits and of...
7-Vertical Mergers And Coordinated Effects: Implications For Merger Policy By Margaret C. Levenstein & Valerie Y. Suslow

Vertical Mergers and Coordinated Effects: Implications for Merger Policy

Vertical relationships can have coordinated effects with important implications for planned revisions of the U.S. Department of Justice merger guidelines. Despite increased efforts to...
8-Should Price Modeling Remain In The Merger Guidelines? By Malcolm B. Coate

Should Price Modeling Remain in the Merger Guidelines?

The 2022 revision of the Merger Guidelines is likely to introduce a number of controversial changes; this paper focuses on one potential change, the...
4-PANDEMIC PUPPIES AND PRIVATE EQUITY By Julie Carlson

Pandemic Puppies and Private Equity

One of the perhaps unexpected consequences of the pandemic is the dramatic increase in pet ownership. Beginning in 2019, but continuing through the pandemic,...
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