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Full-Text Articles in Law

The Bigness Mystique And The Merger Policy Debate: An International Perspective, Walter Adams, James W. Brock Jan 1988

The Bigness Mystique And The Merger Policy Debate: An International Perspective, Walter Adams, James W. Brock

Northwestern Journal of International Law & Business

The nouvelle vague among prominent U.S. public policy spokesmen is the facilitation of corporate mergers and acquisitions, the promotion of corporate bigness, and the emasculation of the anti-merger law. They claim that this kind of bold new departure is needed to enable firms in the United States to challenge large foreign rivals and regain global competitiveness. These pronunciamentos, and the Weltanschauung which they reflect, are hardly novel. In form and substance, they are an uncanny (and not very imaginative) reincarnation of the mindset that governed economic policy making in Europe in the 1950s and 1960s. Then, as now, bigness was …


Competition And/Or Efficiency: A Review Of West German Antimerger Law As A Model For The Proposed Treatment Of Efficiency Promotion Under Section 7 Of The Clayton Act, James F. Ponsoldt, Christian Westerhausen Jan 1988

Competition And/Or Efficiency: A Review Of West German Antimerger Law As A Model For The Proposed Treatment Of Efficiency Promotion Under Section 7 Of The Clayton Act, James F. Ponsoldt, Christian Westerhausen

Northwestern Journal of International Law & Business

As many commentators have noted, the end of Ronald Reagan's presidency likely will engender a renewed debate concerning the proper level of government intervention in business integrations. During the past eight years, the number and size of corporate mergers have risen astronomically. Such unchallenged mergers have occurred while the Reagan Administration and the Democrats in the United States Congress ("Congress") have debated the appropriateness of merger control laws, both in testimony at oversight hearings and in conflicting proposals for amending Section 7 of the Clayton Act ("Section 7"). The purpose of this Article is to demonstrate the need for legislative …