In this issue:
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Revising the Merger Guidelines
Critical Loss vs. Diversion Analysis: Clearing up the Confusion
There is considerable confusion in the antitrust community regarding the appropriate use of Critical Loss Analysis and its potential alternatives.
The FTC and DOJ’s Horizontal Guidelines Review Project: What Changes Might Be In Store for Merger Review?
Discussing what will be some of the key issues in the Guidelines review process, including Market Definition, Market Share and Concentration Screens and Presumptions, Clarification on Unilateral Effects, and Use of Direct Evidence.
Horizontal Merger Guidelines Revision: A Draftsman’s Perspective
This divergence between the 1992 Guidelines and actual agency practice itself is sufficient to warrant revision of the 1992 Guidelines, agency practice—or perhaps both.
Revising the Merger Guidelines: Looking Back to Move Forward
It would be in the agencies’ interest to consider what they have predicted well and what they have not before embarking to codify what they have been doing.
On Revising the Horizontal Merger Guidelines
Enforcement Guidelines can facilitate inference by institutionalizing the language and analytic framework used by enforcers, but they must also be flexible enough to accommodate the many different ways in which firms compete.
Revising the U.S. Merger Guidelines
The vertical part of the Non-Horizontal Merger Guidelines is even more out of touch with the agencies’ practices and learning, and they should also be revised if the agencies are serious about investigating and challenging vertical mergers.
Revising the Merger Guidelines: Second Request Screens and the Agencies Empirical Approach to Competitive Effects
The nature of the revisions that we are proposing derives from our view that the Merger Guidelines would be more informative and useful if they reflected the actual practices of the Agencies.
Should New Merger Guidelines Give UPP Market Definition?
Even though in such cases most economists would place more weight on methods of assessing the competitive impact of mergers that do not rely on market definition, courts generally view market definition as an essential component of the case.
An Overview of Transparency at the Federal Trade Commission: Generalities and Innovations in Merger Analysis
This paper discusses the Federal Trade Commission’s exploration of the merger enforcement record in a search for empirical generalities and innovations.
