Defining Remedy Success

This article discusses how to measure remedy success. Recent policy from U.S. antitrust agencies indicates potentially differing standards. The FTC’s 2017 remedy study applies a “restoring competition” standard, focusing on non-merging firms’ ability to compete. More recent commissioner statements suggest a “consumer welfare” standard, which includes benefits to the merging parties. DOJ remedy guidance potentially allows either standard. Economics research shows similarly varying app