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When Should States Challenge Mergers: A Proposed Federal/State Balance

49 Pages Posted: 30 Mar 2009  

Robert H. Lande

University of Baltimore - School of Law

Date Written: 1990

Abstract

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

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

Robert H. Lande (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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