UPP Merger Test May Not Go Down Easy, Experts Say

Law360, New York (May 19, 2010, 5:56 PM EDT) -- As the antitrust community considers recent proposed changes to the merger review guidelines followed by U.S. antitrust regulators, a judge's recent rejection of one proposed screening test confirms that efforts by enforcers to wield alternatives to the traditional market-definition test as a weapon in future cases will face an uphill battle, experts say.

While the May 11 ruling refusing to allow the city of New York to add the “upward pricing pressure test” to its fight against a health insurance company merger will not likely dissuade...
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