I. as a Litigation Matter, the Supreme Court's Gte Sylvania and Later Opinions Make Clear the Pnb Presumption Will Be Overruled and Thus the Hmg Must Be Replaced
نویسنده
چکیده
These comments are respectfully submitted both as to the Horizontal Merger Guidelines ("HMG") generally, and also to questions 1-10., 12-15. They show that as a litigation matter the current HMG must be replaced because they are dependent on the PNB presumption, which will be overruled under the Supreme Court's GTE Sylvania and later presumption cases, and that new merger guidelines (and antitrust analysis generally) should be based on productivity and the Supreme Court's Cracking Oil opinion and recent cases.
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