Merger Review

The Shortcomings of Merger Policy Based on the Herfindahl-Hirschman Index

In new research, Eric Dunaway, Ana Espinola-Arredondo, and Felix Munoz-Garcia examine the Herfindahl-Hirschman Index (HHI) as a tool for merger review and show where it diverges from the consumer-surplus and total-welfare standards. In particular, the HHI fails to account for potential efficiency gains.

Rebuttable Structural Presumptions Improve Merger Review

In new research, Filippo Lancieri and Tommaso Valletti analyze the shortcomings of the current merger review system and defend stronger rebuttable structural presumptions as an important step forward.

Is Labor Antitrust a “Nonexistent” Problem?

In a recent revision of its Premerger Notification Regulation, the FTC removed labor market provisions from the previous draft as Commissioner Melissa Holyoak dismissed them as "a solution in search of a nonexistent problem." Eric Posner argues that her assessment contradicts a substantial body of academic research showing that labor market concentration is indeed a serious concern.

Merger Review Should Incorporate a Role for Unions

Eric A. Posner argues that merger review would benefit from involving union representatives to protect labor interests.

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