49 Pages Posted: 30 Mar 2009
Date Written: 1990
This article critically analyzes the current system of United States merger enforcement, under which both federal and State antitrust enforcers scrutinizes and potentially can challenge any merger that affects interstate commerce. This article develops and proposes an alternative, a voluntary division of responsibility patterned after the European Union's approach. Under this alternative federal enforcers normally would defer to State enforcers for certain specified mergers, and State enforcers normally would defer to federal enforcers for other specified mergers.
Keywords: merger, antitrust harmonization, state antitrust, state merger enforcement, European Union merger enforcement, federal/state cooperation
JEL Classification: K21, K19, K39
Suggested Citation: Suggested Citation
Lande, Robert H., When Should States Challenge Mergers: A Proposed Federal/State Balance (1990). New York Law School Law Review, Vol. 35, No. 4, 1990. Available at SSRN: https://ssrn.com/abstract=1358540