Business Intelligence

The Sound Of One Hand Clapping: The 2010 Merger Guidelines And The Challenge Of Judicial Adoption

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Executive Summary

There is ample justification for the consensus view that the Horizontal Merger Guidelines have proven one of antitrust law's great successes in the grounding of antitrust doctrine within economic learning. The foundation of the Guidelines' success has been its widespread adoption by federal courts, which have embraced its rigorous underlying economic logic and analytical approach to merger analysis under the Clayton Act. While some have suggested that the Guidelines' most recent iteration might jeopardize this record of judicial adoption by downplaying the role of market definition and updating its unilateral effects analysis.

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