Analysis
Trelysa Long, “Why Labor Monopsony Shouldn’t Be Included in Merger Guidelines,” Information Technology & Innovation Foundation, March 27, 2024.
Keith N. Hylton, “Getting Merger Guidelines Right,” Boston University School of Law Research Paper No. 24-3, February 28, 2024.
Ted Bolema, “Decoding the 2023 FTC and DOJ Merger Guidelines: Insights into Shifting Antitrust Enforcement,” Mercatus Center, February 15, 2024.
Daniel J. Gilman, “The 2023 Merger Guidelines: What Are They Good For?,” International Center for Law & Economics, January 29, 2024.
Daniel J. Gilman, “What Do We Do with Presumptions in Antitrust?,” Truth on the Market, January 25, 2024.
Alden Abbott, “The Porcine 2023 Merger Guidelines (The Pig Still Oinks),” Truth on the Market, January 10, 2024.
Jessica Melugin, “Silver Lining? New Federal Merger Guidelines: 11 Bad Ideas Instead of 13!,” Competitive Enterprise Institute, December 18, 2023.
Jay Ezrielev, “Market Power as a Limiting Principle in Merger Enforcement,” Truth on the Market, October 31, 2023.
Ginger Zhe Jin, Mario Leccese, and Liad Wagman, “The Draft Merger Guidelines Risk Reducing Innovation,” ProMarket, October 18, 2023.
Jessica Melugin, “The Changing Role of Structural Presumption at the Federal Trade Commission,” Truth on the Market, October 9, 2023.
Alden Abbott, “Draft Merger Guidelines Do Not ‘Return Antitrust to a Sound Economic and Legal Foundation’ – A Response to Professor Kwoka,” Truth on the Market, October 9, 2023.
Jay Ezrielev, “The FTC’s (and DOJ’s) Merger Aversion,” Truth on the Market, October 2, 2023.
Charles Sauer, “The FTC’s New Merger Guidelines Attack Freedom and the Economy,” Real Clear Markets, September 7, 2023.
Bilal Sayyed, “The Draft Merger Guidelines Abandon the Persuasiveness of their Predecessors,” ProMarket, August 30, 2023.
Veronique de Rugy, “The Biden Administration’s Antitrust Changes Would Be Great of Bureaucrats—and Bad for Consumers,” Reason, August 17, 2023.
Ryan Young, “New Merger Guidelines Have a Concentration Problem,” Competitive Enterprise Institute, August 3, 2023.
Ryan Young and Alex Reinauer, “The FTC’s Flawed Antimerger Ideology,” National Review, August 3, 2023.
Scott Lincicome, “Merger Madness,” The Dispatch, August 2, 2023.
Jan Rybnicek, Laura Onken, and Tim Swartz, “Merger Guidelines’ Broad Tack Ignores Recent Precedent,” Law360, July 28, 2023.
Mark Jamison, “Why Have the Merger Guidelines? A Closer Look at the Department of Justice and FTC Proposed Changes,” American Enterprise Institute, July 27, 2023.
Jennifer Huddleston, “Changing the Rules in the Face of Increasing Losses: Initial Thoughts on New Proposed Merger Guidelines,” Cato Institute, July 25, 2023.
Gus Hurwitz and Geoffrey Manne, “Antitrust Regulation by Intimidation,” Wall Street Journal, July 24, 2023.
Josh Withrow, “FTC and DOJ’s New Guidance on Mergers: Don’t,” R Street Institute, July 21, 2023.
Elizabeth Nolan Brown, “New Federal Merger Guidelines Hint: Maybe Just Don’t Merge Anything at All,” Reason, July 20, 2023.
Fred Ashton, “FTC and DOJ Publish New Merger (Mis)guidelines,” American Action Forum, July 20, 2023.
Brian Albrecht, “New Merger Guidelines Are as Expected. That’s Not a Compliment,” Truth on the Market, July 19, 2023.
Alden Abbott, “The New Merger Guideline Commandments: Thirteen Is an Unlucky Number,” Truth on the Market, July 19, 2023.
Satya Marar, “Note to the FTC: Punishing Efficiency Means Destroying Competition,” Truth on the Market, July 19, 2023.
Aurelien Portuese, “Why Merger Guidelines Must Do More Support Productivity, Innovation, and Global Competitiveness,” Information Technology & Innovation Foundation, May 3, 2023.
Timothy J. Muris, “Former FTC Chair Urges Agency not to Tarnish a Bipartisan Legacy from Reagan to Obama: ‘We Can’t Ignore the Last 40 Years of Antitrust Based on Protecting Consumers,” Fortune, April 3, 2023.
Bruce H. Kobayashi and Timothy J. Muris, Turning Back the Clock: Structural Presumptions in Merger Analyses and Revised Merger Guidelines, Competitive Enterprise Institute Study, February 22, 2023.
Comments
Comments of Jennifer Huddleston, Cato Institute, September 18, 2023.
Josh Withrow, Comments of the R Street Institute, September 18, 2023.
Geoffrey A. Manne et al., Comments of the International Center for Law and Economics, September 18, 2023.
Comments of Frederick C. Ashton, Jr., American Action Forum, September 11, 2023.
Joseph V. Coniglio, Comments of the Information Technology & Innovation Foundation, September 18, 2023.
Bowman Heiden et al., Comments of the Dynamic Competition Initiative, September 18, 2023.
Alexander Raskovich et al., Comments of the Global Antitrust Institute, September 14, 2023.
Events
“The 2023 Merger Guidelines: A Panel Discussion of the Product, the Process, and the Prognosis,” International Center for Law & Economics, February 26, 2024.
“The DOJ-FTC 2023 Merger Guidelines: Evolution or Revolution?,” Information Technology & Innovation Foundation, January 31, 2024.