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evidence. This divergence found its fullest expression in two vertical merger consent decrees—Staples/Essendant and Fresenius … vertical merger context. In many respects, the recent divergence among commissioners on key aspects of merger enforcement … enforcement. The implications for practitioners and their clients (as well as agency staff ) are negative, including longer merger …
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net it out. The prima facie case should not, however, extend to netting the two out, but rather to showing that the merger …
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) promulgation of horizontal merger guidelines, which is part of a larger group of activities by state attorneys general to establish … Justice and Federal Trade Commission Horizontal Merger Guidelines. The second dimension involves focusing on state antitrust …
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best anthem for artists, economic decision theory would not support that approach to merger policy.Predicting the impact of …This article analyzes my short proposal for reviewing and modifying merger consent decrees to permit additional relief … if the provisions of the initial consent merger are found to fail to preserve or restore competition in a reasonable …
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enforcement agency may challenge the merger, if any overlap is believed to be adversely affected by the transaction. While the …
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What should we do with a magic wand? The revision of the merger guidelines offers an opportunity to update and improve … the foundational texts of U.S. merger control, as well as dangers. The guidelines’ status as a critical enforcement asset … federal merger enforcement: other frontiers — including agency resources, judicial skepticism, and the HSR timeline — all seem …
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a tougher approach to merger enforcement than these alternatives. The plain words of Section 7, moreover, do not contain …
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