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Guideline Institutionalization: The Role Of Merger Guidelines In Antitrust Discourse, Hillary Greene
Guideline Institutionalization: The Role Of Merger Guidelines In Antitrust Discourse, Hillary Greene
Faculty Articles and Papers
With the growth of the administrative state, agency-promulgated enforcement policy statements, typically referred to as guidelines, have become ubiquitous in the U.S. federal system. Yet, the actual usage and impact of such guidelines is poorly understood. Often the issuing agencies declare the guidelines to be nonbinding, even for themselves. Notwithstanding this disclaimer, the government, private parties, and even the courts frequently rely on the guidelines in a precedent-like manner. In this Article, Professor Greene examines the evolution of one system of enforcement policy guidelines - the U.S. federal antitrust merger guidelines - and finds that these guidelines have acted as …
Articulating Trade Offs: The Political Economy Of State Action Immunity, Hillary Greene
Articulating Trade Offs: The Political Economy Of State Action Immunity, Hillary Greene
Faculty Articles and Papers
Antitrust uses economic analysis to assess various trade-offs involving efficiency. Even assuming that a competition matter implicates purely economic matters it can be exceedingly difficult to determine and measure all the relevant factors, assign them proper weights, decide on the appropriate time frames, assess the pertinent interactions, and conduct the trade-off calculations. Not surprisingly, different members of the antitrust community often take vastly differing positions regarding the economic consequences of a particular antitrust doctrine as well as the significance of those consequences. When potentially anti-competitive conduct occurs in the context of state regulation, the challenge to achieving a sensible accommodation …