We describe a simple initial indicator of whether a proposed merger between rivals in a differentiated product industry … from the merger, based on the price/cost margins of the merging firms' products and the extent of direct substitution …

heavy evidentiary burdens if they sought to break a company up on the premise that a long-consummated merger was unlawful … would likely be more competitive than the actual world; (2) that their basis for unwinding the merger was sufficiently … foreseeable at the time of consummation that the merger could have been challenged then: and (3) that the prospective benefits of …

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 …

outcomes, and recommends tighter merger regulation. Since the works of both have been used to support more aggressive antitrust …

took a thoroughly modern approach to merger policy, relying on economic theory and empirics to formulate a rules …-based approach to policy that focused on promoting economic rather than broader social ends. If elements of Turner's merger policy … played a key role in bringing economic rationality to merger policy, and antitrust policy more generally …

The DOJ-FTC Merger Guidelines were developed for and best deal with horizontal mergers where the theory of harm is …

The Hart Scott Rodino program, coupled with the modern Merger Guidelines has structured merger enforcement for the last …

efficiency - that have been absent from, if not violated by, the rulings in these merger cases …