Market Definition And Implications For Merger Review

Law360, New York (July 11, 2011, 3:06 PM EDT) -- While the 2010 Horizontal Merger Guidelines de-emphasize market definition analysis and place an increased focus on competitive effects, market definition continues to be central to establishing a prima facie case in court. This dissonance means that, despite the importance of focusing on the ultimate effect of a proposed transaction on consumers and competition, the antitrust enforcement agencies must continue to pay considerable attention to relevant market definition, particularly if they anticipate the need to challenge the transaction in court.

Indeed, recently litigated merger cases suggest that...
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