In this issue: Revising the Merger Guidelines Malcolm Coate, Joseph Simons, Dec 16, 2009 Critical Loss vs. Diversion Analysis: Clearing up the Confusion There is considerable confusion in the antitrust community regarding the appropriate use of Critical Loss Analysis and its potential alternatives. Mary Coleman, Dec 16, 2009 The FTC and DOJ’s Horizontal Guidelines Review […]

This article is part of a Chronicle. See more from this Chronicle Malcolm Coate, Joseph Simons, Dec 16, 2009 Critical Loss Analysis has been a standard method of implementation for the market definition algorithm of the Department of Justice and Federal Trade Commission Horizontal Merger Guidelines. A few years ago, it was recognized as one […]

This article is part of a Chronicle. See more from this Chronicle Richard Schmalensee, Dec 16, 2009 In an important recent paper, Joseph Farrell and Carl Shapiro propose a new quantitative approach to assessing the competitive impact of horizontal mergers that does not involve defining a relevant market. I believe that Farrell and Shapiro have […]

This article is part of a Chronicle. See more from this Chronicle Gregory Leonard, Lawrence Wu, Dec 16, 2009 Two aspects of the Merger Guidelines could benefit from a revision. First, the Merger Guidelines do not provide guidance on how the Agencies determine whether or not they will issue a Request for Additional Information and […]

This article is part of a Chronicle. See more from this Chronicle James Langenfeld, Dec 16, 2009 As a contributor to the 1992 Guidelines revision and the 1993 Statements of Antitrust Enforcement Policy in Health Care, I am aware of the challenges that face the agencies in achieving consensus on potentially revising a very important […]

This article is part of a Chronicle. See more from this Chronicle Deborah Feinstein, Dec 16, 2009 The Federal Trade Commission and Department of Justice have announced plans to consider revising the Horizontal Merger Guidelines “in light of changes in economic learning, the case law, and practice at the Antitrust Division and the FTC. There […]

This article is part of a Chronicle. See more from this Chronicle Luke Froeb, Dec 16, 2009 To determine whether a proposed merger is anticompetitive, one must compare the world without the merger which is observed to the world with the merger, which typically is not. Viewed in this way, the primary problem confronting antitrust […]

This article is part of a Chronicle. See more from this Chronicle Paul Denis, Dec 16, 2009 As the principal draftsman of the 1992 Guidelines, I developed what might fairly be described as an unusual attachment to the document and its framework. But even from that perspective, I must admit it is time to revise […]

This article is part of a Chronicle. See more from this Chronicle Mary Coleman, Dec 16, 2009 As part of the FTC and DOJ’s Horizontal Guidelines Review Project, the agencies released 20 questions regarding the Guidelines on which they were soliciting input. These questions are related to (among other topics): (1) whether clarification that the […]

This article is part of a Chronicle. See more from this Chronicle Malcolm Coate, Dec 16, 2009 The Federal Trade Commission’s 2004 horizontal merger data release initiated a research program to increase the transparency associated with merger enforcement. To tabulate the structural (e.g., Herfindahls, significant rivals, and entry conditions) and expected performance (e.g., customer concerns […]