This Essay provides an overview of U.S. antitrust merger practice in addressing efficiencies both in terms of actual practice before the agencies and in scholarly work as a response to Jamie Henikoff Moffitt's Vanderbilt Law Review article Merging in the Shadow of the Law: The Case for...

The 1997 Merger Guidelines appeared to significantly expand the role of efficiency considerations in merger analysis. However, it is possible that the revision simply memorialized existing policy and thus served more to improve transparency than reform policy. By combining an existing review of...

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...

This paper analyses the merger control instruments available to overcome a crisis of a company and highlights their role in the 2008/09 global financial market crisis. It concludes that the German merger control regime is well equipped to overcome any (further) banking crisis as long as the...

This paper provides a comparative analysis of methods for the empirical ex post evaluation of merger control decisions. It develops a competition-policy oriented framework of assessment criteria for the leading evaluation methods and applies them to structural modeling and simulation,...

The 2010 Merger Guidelines define an improved road-map for merger analysis. Evidence is elevated to a position of prominence in Section II of the revised draft, although we note that the presentation lacks the necessary context. Economic theory now plays a larger role in the analysis, a change...

We estimate the deterrence effects of U.S. merger policy instruments with respect to the composition and frequency of future merger notifications. Data from the Annual Reports by the U.S. DOJ and FTC allow industry based measures over the 1986-1999 period of the conditional probabilities for...

The most striking initial observation when looking at the Commission's track record in 2004-2008 is that its horizontal merger enforcement seems to have ground to a near halt when measured by the number and proportion of prohibition decisions. However, as we argue below, prohibition decisions...

We estimate the deterrence effects of U.S. merger policy instruments with respect to the composition and frequency of future merger notifications. Data from the Annual Reports by the U.S. Department of Justice and Federal Trade Commission allow industry-based measures over the 1986-1999 period...

Efficiency defence and merger remedies are key components in most merger control regimes. Although in many jurisdictions both the provision of efficiency-related evidence and remedy offers are at the merging firms' discretion, most previous works have only analysed them separately. This paper is...