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Autumn 2010, Volume 10, Number 2

OCT-10(2)
 |  Dec 21, 2015

In this issue: In August, the FTC and DOJ issued their new horizontal merger guidelines. In this special double issue, we explore if these new guidelines accomplish the Agencies’ stated…

2010 Horizontal Merger Guidelines: Changes in Policy, Transparency, & Predictability
 |  Oct 28, 2010

James Langenfeld, Oct 28, 2010 The Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) issued revised Horizontal Merger Guidelines (“HMGs”) on August 19, 2010. The HMGs resulted from…

The 2010 Merger Guidelines and the Litigation Mulligan: Better Economics but Not (Necessarily) More Clarity Before the Agencies and the Courts
 |  Oct 28, 2010

Hill Wellford, Gregory Wells, Oct 28, 2010 The new Horizontal Merger Guidelines, issued by the U.S. antitrust Agencies on August 19, 2010, mark a clear change from their 1992 predecessor.They…

New Horizontal Merger Guidelines Indicate Greater Scrutiny of High Tech and Pharmaceutical Transactions
 |  Oct 28, 2010

Janet McDavid, Eric Stock, Oct 28, 2010 On August 19, 2010, the Department of Justice and the Federal Trade Commission (the “Agencies”) released the final version of their revised Horizontal…

The 2010 Merger Guidelines: Do We Need Them? Are They All We Need?
 |  Oct 28, 2010

Gregory Leonard, Oct 28, 2010 The release of the 2010 Merger Guidelines was largely an anticlimax. Unlike the 1982 and 1992 Merger Guidelines, the 2010 Merger Guidelines did not offer…

WARNING: Improper Use of the New Horizontal Merger Guidelines Can Result in Overly Narrow Markets, Mistaken Inferences of Market Power, and Wrong-Headed Analyses
 |  Oct 28, 2010

Michael Doane, Luke Froeb, Steven Tschantz, Oct 28, 2010 Every first-year law student has heard the story of the man who was mowing his lawn when he realized that his…

The Framework of the 2010 Horizontal Merger Guidelines
 |  Oct 28, 2010

Paul Denis, Oct 28, 2010 The two principal reasons that the 1992 Horizontal Merger Guidelines achieved longevity, judicial acceptance, and international imitation were: (1) for the most part, it asked…

Thy Lamp Unto the World: International Convergence After the 2010 Guidelines
 |  Oct 28, 2010

Oct 28, 2010 Those of us who practice competition law globally and who engage in international technical assistance are regularly struck by the wide variation in culture and expertise among…

Continuity and Change in the 2010 Merger Guidelines
 |  Oct 28, 2010

Malcolm Coate, Joseph Simons, Oct 28, 2010 For almost 30 years, the U.S. antitrust enforcement agencies have described a structured, step-by-step analytical methodology in their Merger Guidelines. Prior revisions to…

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