Law Commons^™

Where Do We Go From Here: Open Questions And Policy Considerations, Jonathan Baker, Fiona Scott Morton, Daniel Crane, Richard Steuer, Michael Whinston, C. Hemphill, Deborah Feinstein, Renata Hesse

Presentations

The Federal Trade Commission and the Antitrust Division of the Department of Justice held a one-day public workshop on June 23, 2014 to explore the economics and legal policy implications of certain pricing practices, such as loyalty and bundled pricing. The workshop, consisted of presentations and roundtable discussions, that focused on practices in which prices are explicitly or effectively contingent on commitments to purchase or sell a specified share or volume of a single product or a mix of multiple products. Workshop participants considered theoretical and empirical developments in the economic understanding of these practices, discussed developments in the relevant …

Merger Policy And The 2010 Merger Guidelines, Herbert J. Hovenkamp

All Faculty Scholarship

New Horizontal Merger Guidelines were issued jointly by the Antitrust Division and the Federal Trade Commission in August, 2010, replacing Guidelines issued in 1992 that no longer reflected either the law or government enforcement policy. The new Guidelines are a striking improvement. They are less technocratic, accommodating a greater and more realistic variety of theories about why mergers of competitors can be anticompetitive and, accordingly, a greater variety of methodologies for assessing them.

The unifying theme of the Horizontal Merger Guidelines is to prevent the enhancement of market power that might result from mergers. The 2010 Guidelines state that “[a] …