Debating the Draft Merger Guidelines
- September 07, 2023
Many studies show that market concentration has been on the rise for decades, and the digital economy has introduced novel issues for antitrust. In response, the U.S. Department of Justice and Federal Trade Commission recently released new draft Merger Guidelines (MG), which seek to dramatically change how they review mergers and acquisitions for possibly anticompetitive outcomes. First released in 1968, the MG influence how firms pursue M&A and how courts adjudicate them. They can also have far wider economic and political implications, including for prices, innovation, and wages.
For the last two months, ProMarket has hosted a symposium of antitrust experts who have discussed the achievements and shortcomings of the draft MG. Join us for a webinar on the symposium contributions and the broader MG debates.
Harry First, Charles L. Denison Professor of Law, New York University
Eleanor Fox, Walter J. Derenberg Professor of Trade Regulation Emerita, New York University
Herbert Hovenkamp, James G. Dinan University Professor, University of Pennsylvania
Eric Posner, Kirkland & Ellis Distinguished Service Professor of Law, Arthur and Esther Kane Research Chair, University of Chicago
Terrell McSweeny (moderator), Senior Of CounselCovington & Burling LLP