Hovenkamp: The Draft Vertical Merger Guidelines Are an Important Step for the Economic Analysis of Mergers
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Herbert Hovenkamp (James G. Dinan University Professor, University of Pennsylvania School of Law and the Wharton School).] In its 2019 AT&T/Time-Warner merger decision ... Hovenkamp: The Draft Vertical Merger Guidelines Are an Important Step for the Economic Analysis of Mergers
Herbert Hovenkamp on Revising the Merger Guidelines
Yes, the Merger Guidelines should be revised; in particular: a. The discussion of concentration thresholds for collusion facilitating mergers must be aligned more closely with both recent case law and actual enforcement practices; otherwise they fail to provide guidance. The current Guidelines indicate that concentrations greater than 1800 HHI and a post-merger increase exceeding 100HHI ... Herbert Hovenkamp on Revising the Merger Guidelines
Section 2 Symposium: Herbert Hovenkamp on Patents and Exclusionary Practices
Herbert Hovenkamp is Professor of Law at The University of Iowa College of Law. One interesting aspect of the DOJ Report on Section 2 is the scant, episodic treatment of IP issues. The Report rejects the presumption of market power for patent ties (p. 81); has a very brief discussion of refusal to license patented ... Section 2 Symposium: Herbert Hovenkamp on Patents and Exclusionary Practices
Section 2 Symposium: Herbert Hovenkamp on Predatory Pricing and Bundled Discounts
Herbert Hovenkamp is Professor of Law at The University of Iowa College of Law. The baseline for testing predatory pricing in the Section 2 Report is average avoidable cost (AAC), together with recoupment as a structural test (Report, p. 65). The AAC test or reasonably close variations, such as average variable cost or short-run marginal ... Section 2 Symposium: Herbert Hovenkamp on Predatory Pricing and Bundled Discounts
