How the New Anti-Merger Policy May Be the New Antitrust Paradox

Neo-Brandeisian policies that would chill acquisitions by highly capitalized companies, or companies with 30%+ market share in some related market, would remove from the competitive race the companies that often have the best prospects for de-consolidating many markets, including digital markets that are prone to tipping.

By Maureen K. Ohlhausen & Taylor M. Owings^[1]

I. INTRODUCTION

Neo-Brandeisians are in control at the White House, the Federal Trade Commission (“FTC”), and the Depa