The Archives

Everything written by Einer Elhauge on law, economics, and more

Do the Merger Guidelines Need Revision?

The merger guidelines should be revised, not only to provide clearer guidance, but because the current version makes it harder for the agencies to win cases when they do challenge a merger.  The reason is that the guidelines often don’t fit actual agency practice or modern economic theory.  For example, part of the reason the ... Do the Merger Guidelines Need Revision?