2023 Merger Guidelines

The draft Merger Guidelines largely replace the consumer welfare standard of the Chicago School with the lessening of competition principle found in the 1914 Clayton Act. This shift would enable the Federal Trade Commission and Department of Justice Antitrust Division to utilize the full extent of modern economics to respond to rising concentration and its harmful effects, writes John Kwoka.

On September 7, the Stigler Center hosted a webinar to discuss the draft merger guidelines. What follows is a slightly edited transcript of the event.

To support the Agencies’ goals of stronger antitrust enforcement, Fiona Scott Morton recommends breaking the draft Merger Guidelines into three documents that clarify the Guidelines’ legal and economic justifications and overarching goals and priorities.

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

Erik Peinert compares the changes in the draft Merger Guidelines with those of the past. He points out that the shift is a necessary measure to enhance enforcement in the current economic environment.

Cory S. Capps and Leemore Dafny provide their round-two comments on the draft Merger Guidelines. To read more from the ProMarket Merger Guidelines Symposium, please see here. Cory: By...

Matt Stoller lays out the case for the new draft Merger Guidelines, arguing that they incorporate new lessons regarding technology and business practices, while also learning from past mistakes.

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

Steven Salop provides his round-two comments on the draft Merger Guidelines.

Eric Posner provides his round-two comments on the draft Merger Guidelines.