The Role Of Market Definition In Merger Cases

Law360, New York (January 13, 2012, 12:40 PM EST) -- The August 2010 Merger Guidelines attempted to create an alternative, less market definition-reliant framework for reviewing mergers. Since that time, however, market definition continues to be a central issue in merger review and litigation. Indeed, every complaint filed by the Federal Trade Commission and U.S. Department of Justice since those guidelines were issued has alleged product and geographic markets. Moreover, both agencies continue to focus attention on market definition during the merger-review process, further demonstrating that the proposed new framework is far from universal adoption....
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