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Full-Text Articles in Law

Were The 1982 Merger Guidelines Old News?, Alan J. Meese, Sarah L. Stafford Dec 2017

Were The 1982 Merger Guidelines Old News?, Alan J. Meese, Sarah L. Stafford

Faculty Publications

This paper examines the impact of the 1982 Department of Justice Merger Guidelines on the stock market prices of publicly traded firms in the United States. We argue that those Guidelines were perceived by the market as a real change in enforcement policy that would result in substantial deregulation of mergers throughout the economy. We conduct an event study of S&P 500 firms to test this hypothesis and find evidence of a significant positive effect on the stock prices of firms in moderately concentrated industries subject to antitrust regulation, the firms for which the 1982 Guidelines articulate a substantially less …


Justice Scalia And Sherman Act Textualism, Alan J. Meese May 2017

Justice Scalia And Sherman Act Textualism, Alan J. Meese

Faculty Publications

No abstract provided.


Whatever Happened To Quick Look?, Edward D. Cavanagh Jan 2017

Whatever Happened To Quick Look?, Edward D. Cavanagh

Faculty Publications

In California Dental Ass’n v. F.T.C. (hereafter “Cal Dental”), the Supreme Court observed that there is no sharp divide separating conduct that can be summarily condemned under section one of the Sherman Act as per se unlawful from conduct that warrants a more searching factual assessment to ascertain any anticompetitive effect and hence its legality. The Court further observed that not every antitrust claim falling outside the narrow ambit of per se illegality warrants the detailed Rule of Reason analysis prescribed in Chicago Board of Trade. The Court thereby eschewed any notion that section one analysis is …