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The 2023 Merger Guidelines: Lessons in the Importance of Incipiency, Modern Economics, and Monopsony

BY | May 21, 2024

Leading the Merger Guidelines drafting project at the Antitrust Division was an incredible opportunity to learn from the best minds in the antitrust community as they debated the details of…

Leading the Merger Guidelines drafting project at the Antitrust Division was an incredible opportunity to learn from the best minds in the antitrust community as they debated the details of merger review. Two years of public engagement generated not only many thousands of comments, but many useful ideas and an incredible collection of research.  This essay highlights three important lessons the authors took from the initiative: (a) the importance of understanding and applying the Clayton Act’

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