Market Power as a Limiting Principle in Merger Enforcement
One of the most important changes in the Federal Trade Commission (FTC) and U.S. Justice Department’s (DOJ) draft merger guidelines is the abandonment of market power as the central element of merger enforcement. The “unifying theme” of the 2010 horizontal merger guidelines was that “mergers should not be permitted to create, enhance, or entrench market ... Market Power as a Limiting Principle in Merger Enforcement
The FTC’s (and DOJ’s) Merger Aversion
There is mounting evidence that both the Federal Trade Commission (FTC) and the U.S. Justice Department’s (DOJ) Antitrust Division (DOJ) are, under their current leadership, hostile to mergers. There are multiple elements to this evidence. Draft Merger Guidelines The recently released draft merger guidelines provide a strong indication of the agencies’ general aversion to mergers. ... The FTC’s (and DOJ’s) Merger Aversion