From Surrogates to Stories: The Evolution of Federal Merger Policy

5 Pages Posted: 18 Dec 2008  

Robert H. Lande

University of Baltimore - School of Law

James Langenfeld

Loyola University Chicago School of Law; Navigant Consulting, Inc.

Date Written: Spring 1997

Abstract

This article traces the evolution of federal merger policy. It documents how merger enforcement originally was largely based upon very strong structural presumptions. These presumptions gradually eroded and other factors became more and more important in enforcement decisions. Today meger enforcement essentially consists of structural safe harbors and a full rule of reason analysis for any merger not within these safe harbors.

Keywords: mergers, merger policy, antitrust, rule of reason, safe harbors

JEL Classification: K21, K22

Suggested Citation

Lande, Robert H. and Langenfeld, James, From Surrogates to Stories: The Evolution of Federal Merger Policy (Spring 1997). Antitrust Magazine, Vol. 11, No. 5, 1997. Available at SSRN: https://ssrn.com/abstract=1314785

Robert H. Lande (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

James Langenfeld

Loyola University Chicago School of Law

25 E. Pearson
Chicago, IL 60611
United States

Navigant Consulting, Inc.

30 South Wacker Drive
Chicago, IL 60606
United States

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