Updating the Merger Guidelines: Comments

Revising the Horizontal Merger Guidelines

The U.S. Department of Justice and the Federal Trade Commission are currently in the process of revising their Horizontal Merger Guidelines. I explain that if a revision is to occur, then there are certain parts of the Guidelines that are most in need of revision, including the sections on unilateral and coordinated effects, committed and uncommitted entry, numerical concentration thresholds fo...

1984 Merger Guidelines

1982 Merger Guidelines

1 be substantially to lessen competition, or to tend to create a monopoly." 15 U.S.C.A. § 1 (1981). Mergers subject to section 1 are prohibited if they constitute a 2 “contract, combination... or conspiracy in restraint of trade." They replace a set of Guidelines issued by the Department in 1968, and are subject to 3 further revision in light of subsequent judicial decisions or economic studies...

Reevaluating Merger Guidelines for the New Economy

The inherent dynamic competitiveness of the new economy brings about novel challenges to antitrust enforcements. We evaluate the appropriateness of the 1992 Horizontal Merger Guidelines in light of this new environment. We show that the Guidelines relies too heavily on market concentration measures that are bound to be overstated for new-economy industries. To properly address the dynamic compe...

Horizontal Merger Guidelines (08/19/2010)