The Archives

Everything written by Robert H. Gertner on law, economics, and more

Robert Gertner on Revising the Guidelines

The stated purpose of the DOJ/FTC Horizontal Merger Guidelines is to “reduce the uncertainty associated with enforcement of the antitrust laws.”  The Guidelines have had limited success in achieving this goal. They generally succeed in two important dimensions and fail in one. First, the Guidelines lay out a five step analysis consisting of market definition, ... Robert Gertner on Revising the Guidelines