Revising the Horizontal Merger Guidelines: The Path Forward

Revisions to the Horizontal Merger Guidelines recently proposed by the Department of Justice and the Federal Trade Commission have generated a spirited debate in the law and economics community about the criteria by which the antitrust agencies should decide whether to attempt to block proposed mergers. If adopted, the revisions would represent a sea change in antitrust enforcement, tightening existing standards, adding new criteria, and ultimately reducing merger activity.

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