Procompetitive Effects of Mergers in the 2023 Merger Guidelines: What Counts and Where?

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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.

Procompetitive Effects of Mergers in the 2023 Merger Guidelines: What Counts and Where?

Authors

John Asker

Armen A. Alchian Chair in Economic Theory and Professor of Economics,
University of California, Los Angeles;
Senior Advisor, Cornerstone Research

  • Chicago

Julia Gonzalez

Manager

  • New York

Matthew Calvin

Manager

  • Chicago

Rachel Feldman

Associate