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Horizontal Merger Guidelines

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TLDR
In this paper, the authors provide an examination of the four sets of guidelines, regarding mergers between rival firms, which have been provided to the business community by the US antitrust authorities during the past half century.
Abstract
This article provides an examination of the four sets of guidelines, regarding mergers between rival firms, which have been provided to the business community by the US antitrust authorities during the past half century. These guidelines identify the conditions under which a proposed merger is considered to be sufficiently anticompetitive that the antitrust authorities will challenge the merger in court. The development of, and economic rationale behind, the first set of guidelines issued in 1968 is presented. The article then presents the three sets of guidelines subsequently developed by the US Department of Justice and Federal Trade Commission, including those issued in 2010 that are in force today. The differences in the economic methodology behind each set of guidelines are presented. The article then provides a discussion of the ongoing policy debate among several prominent economics scholars as to the relative merits of the early and newer guides. Keywords: antitrust policy; mergers; market power; market performance; guidelines

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Journal ArticleDOI

Horizontal Mergers: Triage and Treatment

TL;DR: The pursuit of any sort of structural policy towards oligopoly presupposes that we can recognize anticompetitive structures when we see them as discussed by the authors. Unfortunately, that requisite is not easy to m...
Journal ArticleDOI

Horizontal Merger Policy: Problems and Changes

TL;DR: Most knowledgeable economists seem now to agree that the Department of Justice, the Federal Trade Commission, and the courts were excessively hostile to horizontal mergers in the 1960s as mentioned in this paper, and that the United States government should have been more tolerant.
Journal ArticleDOI

Thirty-One Merger Policy Questions Still Lingering after the 1992 Guidelines

TL;DR: The 1992 Merger Guidelines provide a valuable, thoughtful description of the analytical framework applied by the U.S. Department of Justice and the Federal Trade Commission in evaluating transactions as mentioned in this paper.
Posted Content

Sharper Focus: Market Shares in the Merger Guidelines

TL;DR: The U.S. Merger Guidelines have two main defects as mentioned in this paper : they focus mainly on entry conditions at the periphery of each market, rather than at real market power at the core each market.
Journal ArticleDOI

Sharper Focus: Market Shares in the Merger Guidelines

TL;DR: The U.S. Merger Guidelines have two main defects as discussed by the authors : they focus mainly on entry conditions at the periphery of each market, rather than at real market power at the core each market.
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