Merger Guidelines

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...

Did the Supreme Court Fix “Brown Shoe”?

The Supreme Court’s 1962 Brown Shoe decision, which found a merger to be anticompetitive even though it would have reduced prices for consumers, remains...

Why the Antitrust Agencies Should Consider Prior Bad Acts in Merger Review

As the federal antitrust agencies consider revising the merger guidelines, they should add consideration of the merging parties’ previous bad acts, write Michael A....

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