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The Evolving Role of Innovation Theories of Harm in the Antitrust Analysis of Life Science Mergers

BY , and | November 19, 2025

This article examines the Federal Trade Commission’s evolving use of innovation competition theories of harm in merger review following the adoption of the new 2023 Merger Guidelines. Departing from the...

This article examines the Federal Trade Commission’s evolving use of innovation competition theories of harm in merger review following the adoption of the new 2023 Merger Guidelines. Departing from the traditional antitrust theories of harm, innovation-based enforcement targets mergers that either suppress rivalrous research and development (“R&D”) efforts or extinguish nascent technological competition. This article centers around the life sciences market, which is characterized by i

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