Antitrust Merger Review In A Volatile Economy

Law360, New York (February 20, 2009, 12:00 AM EST) -- At its core, U.S. merger enforcement policy is forward looking. Although merger analysis begins with a review of the existing market structure, the heart of current merger review focuses on the exercise of using historical data to predict competitive effects and future market conditions.

Among other things, investigations often turn on factors such as the likelihood of new entry, the potential for the merging parties to generate efficiencies and the ability of the remaining market participants to expand and/or to discipline the merging parties.

Even in...
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