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Non-Price Effects in Mergers: Examples from Federal Trade Commission Enforcement, 1992-2023

BY | January 18, 2024

Critics of current merger enforcement say it fails to take account of the non-price effects of mergers. This criticism comes from those who believe the courts ask plaintiffs, including the…

Critics of current merger enforcement say it fails to take account of the non-price effects of mergers. This criticism comes from those who believe the courts ask plaintiffs, including the federal antitrust agencies, to prove price effects of a proposed merger, without regard to non-price effects, and those who believe the agencies, and the courts, fail to properly consider the dynamic effects of possible efficiencies from certain combinations. Both complaints are substantially but not fully acc

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