Tag: Merger Enforcement
Much Ado About Nothing? An Examination of Canada’s Efficiencies Defense
By Michael Caldecott & Erin Keogh1
I. Introduction
Canada’s competition regime substantively mirrors the regimes of other mature jurisdictions in almost all respects. The most noteworthy...
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...