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Making the Potential Competition Doctrine Great Again

BY | February 10, 2022

Antitrust enforcement efforts against “big-tech” have been hobbled by the destruction of the “potential competition doctrine.” This post describes how the Supreme Court made the doctrine ineffective after creating the…

Antitrust enforcement efforts against “big-tech” have been hobbled by the destruction of the “potential competition doctrine.” This post describes how the Supreme Court made the doctrine ineffective after creating the doctrine.  It then describes how the antitrust enforcement agencies handcuffed themselves further in the development of the doctrine through their merger guidelines. As currently formulated, the potential competition doctrine makes merger enforcement by tech companies imp

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