Antitrust Workshops

The last time the DOJ and the FTC devised guidelines governing horizontal mergers, it was 1992.  Seventeen years later, the agencies are coming back to the guidelines, hosting a series of workshops across the country.  (Source:  DOJ Presser.)

The topics that will be considered include:

  • the overall method of analysis used by the agencies;
  • the use of more direct forms of evidence of competitive effects;
  • market definition;
  • market shares and market concentration;
  • unilateral effects, especially in markets with differentiated products;
  • price discrimination;
  • geographic market definition;
  • the relevance of large buyers;
  • the distinction between uncommitted and committed entry;
  • the distinction between efficiencies involving fixed and marginal cost savings;
  • the non-price effects of mergers, especially the effects of mergers on innovation;
  • and remedies.

Later today, the DOJ will post a series of discussion-starting questions, which can be found here, when the page goes live.