ProMarket Merger Guidelines Symposium

Randy Picker: A Brief for the Public?

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

Cory S. Capps & Leemore Dafny: A Conversation on the Draft Merger Guidelines, Round II

Cory S. Capps and Leemore Dafny provide their round-two comments on the draft Merger Guidelines. To read more from...

Dennis Carlton: The Draft Merger Guidelines Demote Economics To Justify Aggressive Antitrust Enforcement

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

Steven Salop: Burdens of Proof and Presumptions in the Merger Guidelines

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

Eric Posner: The Role of Consumer Welfare in Merger Enforcement

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

Eleanor Fox: Tackling the Critics of the Draft Merger Guidelines

Eleanor Fox provides her round-two comments on the draft Merger Guidelines.

Carl Shapiro: How Would These Draft Guidelines Work in Practice?

Carl Shapiro provides his round-two comments on the draft Merger Guidelines.

Herbert Hovenkamp: Distinguishing Harms from Benefits in the 2023 Merger Guidelines

Herb Hovenkamp provides his round-two comments on the draft Merger Guidelines.

Bilal Sayyed: The Draft Merger Guidelines Abandon the Persuasiveness of their Predecessors

Bilal Sayyed provides his round-one comments on the draft Merger Guidelines. To read more from the ProMarket Merger Guidelines Symposium, please...

Zephyr Teachout: The Proposed Merger Guidelines Represent a Reassertion of Law over Ideology  

Zephyr Teachout provides her round-one comments on the draft Merger Guidelines.

LATEST NEWS

Revising the Merger Guidelines To Return Antitrust to a Sound Economic and Legal Foundation

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.

How Anthony Downs’s Analysis Explains Rational Voters’ Preferences for Populism

In new research, Cyril Hédoin and Alexandre Chirat use the rational-choice theory of economist Anthony Downs to explain how populism rationally arises to challenge established institutions of liberal democracy.

The Impact of Large Institutional Investors on Innovation Is Not as Positive as One Might Expect

In a new paper, Bing Guo, Dennis C. Hutschenreiter, David Pérez-Castrillo, and Anna Toldrà-Simats study how large institutional investors impact firm innovation. The authors find that large institutional investors encourage internal research and development but discourage firm acquisitions that would add patents and knowledge to their firms’ portfolios, hampering overall innovation.

The FTC Needs To Focus Arguments on Technological Transitions After High-Profile Losses

Joshua Gray and Cristian Santesteban argue that the Federal Trade Commission's focus in Meta-Within and Microsoft-Activision on narrow markets like VR fitness apps and consoles missed the boat on the real competition issue: the threat to future competition in nascent markets like VR platforms and cloud gaming.

We Need Better Research on the Relationship Between Market Power and Productivity in the Hospital Industry

Antitrust debates have largely ignored questions about the relationship between market power and productivity, and scholars have provided little guidance on the issue due to data limitations. However, data is plentiful on the hospital industry for both market power and operating costs and productivity, and researchers need to take advantage, writes David Ennis.