The authors provide an overview of the Agencies’ guidance for assessing procompetitive effects in merger evaluation, with a focus on the changes introduced by the newly released 2023 Merger Guidelines.
In this article, coauthors John Asker of the University of California, Los Angeles, and Julia Gonzalez, Matthew Calvin, Rachel Feldman of Cornerstone Research discuss the Agencies’ recently updated guidance for assessing procompetitive effects of mergers. They also identify pressure points that the Agencies, merging parties, and courts will have to contend with after the release of the 2023 Merger Guidelines.
The article was originally published by Competition Policy International’s Antitrust Chronicle in May 2024.