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Full-Text Articles in Law
Can Covid-19 Get Congress To Finally Strengthen U.S. Antitrust Law?, Robert H. Lande, Sandeep Vaheesan
Can Covid-19 Get Congress To Finally Strengthen U.S. Antitrust Law?, Robert H. Lande, Sandeep Vaheesan
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The COVID-19 pandemic could cause Congress to strengthen our merger laws. The authors of this short article strongly urge Congress to do this, but to do this in a manner that ignores 5 myths that underpin current merger policy:
Myth 1: Mergers Eliminate Wasteful Redundancies and Produce More Efficient Businesses
Myth 2: Current Merger Enforcement Protects Consumers
Myth 3: Merger Remedies Preserve Competition
Myth 4: The Current Merger Review System Offers Transparency and Guidance to Businesses and the Public
Myth 5: Corporations Need Mergers to Grow
Preventing The Curse Of Bigness Through Conglomerate Merger Legislation, Robert H. Lande, Sandeep Vaheesan
Preventing The Curse Of Bigness Through Conglomerate Merger Legislation, Robert H. Lande, Sandeep Vaheesan
All Faculty Scholarship
The antitrust laws, as they are presently interpreted, are incapable of blocking most of the very largest corporate mergers. They successfully blocked only 4 of the 61 largest finalized mergers and acquisitions (defined as the acquired firm being valued at more than $10 billion) that occurred between 2015 and 2018. The antitrust laws also would permit the first trillion-dollar corporation, Apple, to merge with the third largest corporation, Exxon/Mobil. In fact, today every U.S. corporation could merge until just 10 were left – so long as each owned only 10% of every relevant market.
Even though the Congresses that enacted …