2023 Merger Guidelines

Merger Guidelines: Taking on a Monopoly Crisis

Matt Stoller lays out the case for the new draft Merger Guidelines, arguing that they incorporate new lessons regarding technology and business practices, while also learning from past mistakes.

Dennis Carlton: The Draft Merger Guidelines Demote Economics To Justify Aggressive Antitrust Enforcement

Dennis Carlton provides his round-two comments on the draft Merger Guidelines.

Steven Salop: Burdens of Proof and Presumptions in the Merger Guidelines

Steven Salop provides his round-two comments on the draft Merger Guidelines.

Eric Posner: The Role of Consumer Welfare in Merger Enforcement

Eric Posner provides his round-two comments on the draft Merger Guidelines.

Eleanor Fox: Tackling the Critics of the Draft Merger Guidelines

Eleanor Fox provides her round-two comments on the draft Merger Guidelines.

Carl Shapiro: How Would These Draft Guidelines Work in Practice?

Carl Shapiro provides his round-two comments on the draft Merger Guidelines.

Herbert Hovenkamp: Distinguishing Harms from Benefits in the 2023 Merger Guidelines

Herb Hovenkamp provides his round-two comments on the draft Merger Guidelines.

Bilal Sayyed: The Draft Merger Guidelines Abandon the Persuasiveness of their Predecessors

Bilal Sayyed provides his round-one comments on the draft Merger Guidelines. To read more from the ProMarket Merger Guidelines Symposium, please see here. For revised Merger Guidelines to retain...

What Signal are the Draft Merger Guidelines Sending to Enforcers Elsewhere?

Cristina Caffarra discusses the animating principles and profound changes brought about by the new draft Merger Guidelines, and argues they will resonate with policy makers and enforcers in other jurisdictions.

Zephyr Teachout: The Proposed Merger Guidelines Represent a Reassertion of Law over Ideology  

Zephyr Teachout provides her round-one comments on the draft Merger Guidelines.

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