There seems to be consensus that the Department of Justice's 1984 Vertical Merger Guidelines do not reflect either … are verifiable, merger-specific and sufficient to reverse the potential anticompetitive effects; (iv) The agencies should … unconcentrated markets; (v) The agencies should consider adopting rebuttable anticompetitive presumptions that a vertical merger …

. Vertical restraints reflecting dealer power could well be ignored by antitrust law if they were rare, insignificant in … magnitude, or readily detected and remedied under other branches of antitrust law. But we doubt that dealer power is that rare … some of the claimed justifications for it actually reflect dealer power, and antitrust rules controlling horizontal …

Likelihood of entry is considered to be a mitigating factor in the analysis of a merger's competitive effects. Entry … analyses in horizontal merger investigations typically focus on the incentives and ability of potential entrants to enter the … market and restore its competitiveness in the event the merger creates anti-competitive effects. There is, however, a well …