2023 Merger Guidelines

Eleanor Fox: A Slice of Forgotten History and Its Light on the Future – Changing the Lens on Antitrust

Eleanor Fox provides her round-one comments on the draft Merger Guidelines. To read more from the ProMarket Merger Guidelines Symposium, please see here.

Cory S. Capps and Leemore Dafny: A Conversation on the Draft Merger Guidelines

Cory S. Capps and Leemore Dafny provide their round-one comments on the draft Merger Guidelines.

Carl Shapiro: Why Dropping Market Power from the Merger Guidelines Matters

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

Dennis Carlton: Have the Draft Guidelines Demoted Economics?

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

Randy Picker: Understanding Firm Entry and the Internal Growth Presumption in the Draft Merger Guidelines

Randy Picker provides his round-one comments on the draft Merger Guidelines.

Steven Salop and Jennifer Sturiale: Vertical Merger Enforcement in the Draft Merger Guidelines

Steven Salop and Jennifer Sturiale provide their round-one comments on the draft Merger Guidelines.

Herbert Hovenkamp: Competitive Harm and the 2023 Draft Merger Guidelines

Herbert Hovenkamp provides his round-one comments on the draft Merger Guidelines.

Announcing the ProMarket Merger Guidelines Symposium

In two rounds, 12 antitrust experts will provide their comments on the draft Merger Guidelines and respond to each other's comments. On July 19, the...

The Revised US Merger Guidelines Adopt the Future Markets Model

Since 1993 the American enforcers have claimed that they can directly protect firms’ competition to innovate. And the European Commission, which at first acknowledged that it protected competition in Future Markets, markets for products which do not exist yet, later claimed that it too can directly protect firms’ competition to innovate. In their new Revised Merger Guidelines the American enforcers now not only acknowledge that they protect competition in Future Markets, but say that they will do so aggressively. And since the Americans acknowledge that they protect competition in Future Markets the Europeans should do so as well—again.

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