Efficiency Test
Defending the Merger Efficiency Defense: A Response to Herbert Hovenkamp
Nancy L. Rose and Jonathan Sallet respond to a recent article by Herbert Hovenkamp, in which he argues that the merger-efficiencies defense, which requires merging parties to demonstrate competitive benefits of a merger in order to rebut a prima facie case of harm presented by plaintiffs, is too burdensome and runs contrary to empirical evidence.
The Whig History of the Merger Guidelines
A pervasive "Whig" view of United States antitrust history among scholars and practitioners celebrates the Merger Guidelines' implementation of increasingly sophisticated economic methods since their inception in...
