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Three Key Principles for Revising the Horizontal Merger Guidelines

14 Pages Posted: 30 Aug 2012  

Timothy J. Muris

George Mason University School of Law

Bilal Sayyed

McDermott, Will & Emery

Date Written: 2010

Abstract

The analytical framework of the Horizontal Merger Guidelines, first introduced by Bill Baxter in 1982, has been adopted by numerous Assistant Attorney Generals and Federal Trade Commission Chairmen of both political parties. For example, former Assistant Attorney General Charles James called the 1982 Merger Guidelines “Giant Steps” in the development of antitrust analysis, with no other policy document “more enduring or far-reaching” and past FTC Chairman Robert Pitofsky, stated that “the guideline process, in many ways, has had the most important influence on American antitrust policy in the last fifty years.” We agree with these distinguished observers that the Guidelines’ influence is (rightly) considerable; this influence extends to the federal courts, foreign competition agencies, and state enforcement and regulatory agencies in the United States.

Keywords: actual evidence, anticompetitive, Arch Coal, Christine Varney, competitive effects, concentrated, DOJ, dynamics, fixed-cost efficiencies, HHI, Heinz, highly, industry, J. Thomas Rosch, Jon Leibowitz, Justice Department, marginal cost-savings, moderately, Oracle, unconcentrated, William Kovacic

JEL Classification: G34, K21, L41, L42, L43, L44

Suggested Citation

Muris, Timothy J. and Sayyed, Bilal, Three Key Principles for Revising the Horizontal Merger Guidelines (2010). Antitrust Source, April 2010; George Mason Law & Economics Research Paper No. 12-56. Available at SSRN: https://ssrn.com/abstract=2135225

Timothy Muris

George Mason University School of Law ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-8050 (Phone)
703-993-8088 (Fax)

Bilal Sayyed (Contact Author)

McDermott, Will & Emery ( email )

500 North Capitol Street, N.W.
The McDermott Building
Washington, DC 20005-3096
United States

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