In contrast to the merger guidelines
approach, we first estimate the capital held by the firms, then combine this capital in the merger, then compute the equilibrium given the post-merger allocation of capital.
Such business alliance is subject to the 'rule of reason' analysis, and the factors provided in the Merger Guidelines
(14) should also be used for the analysis of such a business alliance, so long as such alliance does not fall under the definition of a cartel and such alliance results in the concentration of business to some extent.
The public interest inquiry includes, among other factors, the impact of any merger on competition under a markedly different standard than the Horizontal Merger Guidelines
While the merger guidelines
represent a tremendous improvement on standardless "black box" merger review, the guidelines--at least as implemented--are deficient in at least two respects.
See Horizontal Merger Guidelines
(Washington, DC: Department of Justice and the Federal Trade Commission, 1 April 1992, rev.
The Department of Justice's (DOJ) most recent merger guidelines
indicate that mergers resulting in a post-merger Hirschman-Herfindahl (HH) of 1000 or less will not be challenged.
19) Unfortunately, the European Union presently does not have anything like the Department of Justice and Federal Trade Commission Horizontal Merger Guidelines
to elucidate exactly how efficiencies will be assessed for the purposes of merger review.
This information becomes particularly important in merger analysis under the Merger Guidelines
in order to calculate Herfindahl indices.
For these hospitals, the antitrust enforcement agencies still appear to rely on their merger guidelines
, with their emphasis on market concentration.
This should depend, as far as Justice is concerned, on whether the acquisitions violate the department's merger guidelines
proposal of a new antitrust law, including an efficiency defense for bigness, in 1949 that was not unlike the federal government's merger guidelines
drafted years later;
The Department of Justice (DOJ) issued its first merger guidelines