This article demonstrates that significant net efficiencies from a merger could cause prices to decrease, even if the merger results in a monopoly. The article also shows that a price focus would require substantially more efficiencies to justify an otherwise anticompetitive merger than would an...

This is one of the first articles to demonstrate that the primary goal of antitrust is neither exclusively to enhance economic efficiency, nor to address any social or political factor. Rather, the overriding intent behind the merger laws was to prevent prices to purchasers from rising due to...

Today the largest U.S. company in terms of market capitalization, Apple, which recently hit the $1 trillion mark, could lawfully merge with the second largest company, Amazon (which has ~$800 billion in market capitalization) and also with other incredibly large firms (e.g., Exxon/Mobil and JP...

The antitrust laws successfully blocked only three of the seventy-eight largest finalized mergers and acquisitions (defined as the acquired firm being valued at more than $10 billion) that occurred between 2015 and 2019. The antitrust laws also would permit the first trillion-dollar corporation,...

The antitrust laws, as they are presently interpreted, are incapable of blocking most of the very largest corporate mergers. They successfully blocked only three of the seventy-eight largest finalized mergers and acquisitions (defined as the acquired firm being valued at more than $10 billion)...

On January 18, 2022 the FTC and the Antitrust Division requested suggestions for improving the federal Horizontal Merger Guidelines. We filed this comment, urging the enforcers to strengthen the articulations of the incipiency doctrine and the Philadelphia National Bank presumption that are...

Privacy and antitrust? Isn't antitrust only supposed to be concerned with price? Well, no. Antitrust is actually about consumer choice, and price is only one type of choice. The ultimate purpose of the antitrust laws is to help ensure that the free market will bring to consumers everything they...