Introduction to Symposium on Tacit Collusion
In: The Antitrust bulletin: the journal of American and foreign antitrust and trade regulation, Band 38, Heft 1, S. 1-3
ISSN: 1930-7969
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In: The Antitrust bulletin: the journal of American and foreign antitrust and trade regulation, Band 38, Heft 1, S. 1-3
ISSN: 1930-7969
In: The Antitrust bulletin: the journal of American and foreign antitrust and trade regulation, Band 38, Heft 1, S. 143-219
ISSN: 1930-7969
In: The Antitrust bulletin: the journal of American and foreign antitrust and trade regulation, Band 36, Heft 4, S. 733-743
ISSN: 1930-7969
In: University of Pennsylvania Law Review, Forthcoming
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Working paper
In: Antitrust Magazine, Band 27, Heft 2
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Working paper
Over the past forty years, there has been a remarkable transformation in horizontal merger enforcement in the United States. With no change in the underlying statute, the Clayton Act, there has been a dramatic decline in the weight given to market concentration by the federal courts and by the federal antitrust agencies. Increasing weight has been given to three arguments often made by merging firms in their defense: entry, expansion and efficiencies. We document this dramatic shift and provide examples where courts have approved highly concentrating mergers based on limited evidence of entry and expansion. We show using merger enforcement data and a survey we conducted of merger practitioners that the decline in antitrust enforcement is ongoing, especially at the current Justice Department. We then argue in favor of reinvigorating horizontal merger enforcement by partially restoring the structural presumption and by requiring strong evidence to overcome the government's prima facie case. We propose several routes by which the government can establish its prima facie case, distinguishing between cases involving coordinated vs. unilateral anti-competitive effects.
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In: Douglas Ginsburg: An Antitrust Professor on the Bench, Liber Amicorum - Vol. II, Nicolas Charbit, ed. (2019)
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In: Yale Law Journal, 2018 Forthcoming
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In: Review of Industrial Organization, Forthcoming
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In: U of Penn, Inst for Law & Econ Research Paper No. 23-45
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In: Howard Law Research Paper
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Working paper
In: Georgetown McDonough School of Business Research Paper No. 3974267
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