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Horizontal Merger Enforcement Under The Hart Scott Rodino Act
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Book Synopsis Horizontal Merger Enforcement Under the Hart-Scott-Rodino Act by : Justin Alan Henderson
Download or read book Horizontal Merger Enforcement Under the Hart-Scott-Rodino Act written by Justin Alan Henderson and published by . This book was released on 2011 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: All government agencies are affected by a broad number of factors that determine how they do their job. It is particularly important for regulatory agencies in the area of consumer protection, that they complete their tasks in a way that is both fair and beneficial for consumers. In this paper, I attempt to assess the effect of a variety of political, economic, and budgetary factors on the Department of Justice (DOJ) and Federal Trade Commission (FTC) regarding their role in horizontal merger enforcement. I use three simple regression models with the dependent variable of the number of mergers challenged by the DOJ, FTC, and combined. The independent variables assessed are the total number of mergers filed, party of the President, ideological measurements of the House and Senate Judiciary Committees, S & P 500 growth, the unemployment rate, and the budgets of the two agencies. I find that the political variables have no significant effect in any of the three regressions. The number of mergers filed is significantly and positively correlated in all three regressions. S & P 500 growth and unemployment both have a significant effect on the number of merger challenges by the DOJ but not the FTC. Both the FTC and DOJ are significantly affected by the size of their respective budgets. In the overall regression, I find that unemployment, S & P 500 growth, and budgets have a significant impact on the total number of mergers challenged. The differential effect of the economic factors on the DOJ and FTC can help to show policymakers the strengths and weaknesses of the two agencies as well as show what factors might contribute to an agency's ability to equitably and effectively complete is job.
Book Synopsis An Antitrust Guide for Trade Association Professionals and Members by :
Download or read book An Antitrust Guide for Trade Association Professionals and Members written by and published by American Bar Association. This book was released on 2004 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis State Merger Enforcement by : Thomas Matthew Wilson
Download or read book State Merger Enforcement written by Thomas Matthew Wilson and published by American Bar Association. This book was released on 1995 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Oversight of Government Merger Enforcement Policy by : United States. Congress. Senate. Committee on the Judiciary
Download or read book Oversight of Government Merger Enforcement Policy written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1982 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopolies, and Business Rights Publisher : ISBN 13 : Total Pages :184 pages Book Rating :4.0/5 ( download)
Book Synopsis Oversight Hearing on Mergers by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopolies, and Business Rights
Download or read book Oversight Hearing on Mergers written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopolies, and Business Rights and published by . This book was released on 1987 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Bush, Clinton, Bush by : Malcolm B. Coate
Download or read book Bush, Clinton, Bush written by Malcolm B. Coate and published by . This book was released on 2009 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Hart Scott Rodino program, coupled with the modern Merger Guidelines, has structured merger enforcement for the last twenty years. This paper tabulates and evaluates information from Federal Trade Commission merger reviews. While horizontal mergers predominate, vertical, potential competition and monopsony cases are represented in the sample. Over the years, the Commission has studied mergers in a broad range of industries, including branded consumer products, chemicals, hospitals, drugs, oil, and retailing. Some evolution in the theories of concern actually used is observed, along with changes in the efficiency reviews. A statistical model identifies the factors that drive the enforcement process.
Book Synopsis Reinvigorating Horizontal Merger Enforcement by : Jonathan B. Baker
Download or read book Reinvigorating Horizontal Merger Enforcement written by Jonathan B. Baker and published by . This book was released on 2008 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past forty years have witnessed a remarkable transformation in horizontal merger enforcement in the United States. With no change in the underlying statute, the Clayton Act, the weight given to market concentration by the federal courts and by the federal antitrust agencies has declined dramatically. Instead, increasing weight has been given to three arguments often made by merging firms in their defense: entry, expansion and efficiencies. We document this 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.
Author :U. S. Department U.S. Department of Justice Publisher :Createspace Independent Publishing Platform ISBN 13 :9781544654577 Total Pages :38 pages Book Rating :4.6/5 (545 download)
Book Synopsis Horizontal Merger Guidelines by : U. S. Department U.S. Department of Justice
Download or read book Horizontal Merger Guidelines written by U. S. Department U.S. Department of Justice and published by Createspace Independent Publishing Platform. This book was released on 2017-03-13 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: These Guidelines outline the principal analytical techniques, practices, and the enforcement policy of the Department of Justice and the Federal Trade Commission (the "Agencies") with respect to mergers and acquisitions involving actual or potential competitors ("horizontal mergers") under the federal antitrust laws. The relevant statutory provisions include Section 7 of the Clayton Act, 15 U.S.C. § 18, Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2, and Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45. Most particularly, Section 7 of the Clayton Act prohibits mergers if "in any line of commerce or in any activity affecting commerce in any section of the country, the effect of such acquisition may be substantially to lessen competition, or to tend to create a monopoly." The Agencies seek to identify and challenge competitively harmful mergers while avoiding unnecessary interference with mergers that are either competitively beneficial or neutral. Most merger analysis is necessarily predictive, requiring an assessment of what will likely happen if a merger proceeds as compared to what will likely happen if it does not. Given this inherent need for prediction, these Guidelines reflect the congressional intent that merger enforcement should interdict competitive problems in their incipiency and that certainty about anticompetitive effect is seldom possible and not required for a merger to be illegal.
Book Synopsis 1993 Horizontal Merger Guidelines by : National Association of Attorneys General
Download or read book 1993 Horizontal Merger Guidelines written by National Association of Attorneys General and published by . This book was released on 1993 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis An Evaluation of Horizontal Merger Enforcement by : David B. Audretsch
Download or read book An Evaluation of Horizontal Merger Enforcement written by David B. Audretsch and published by . This book was released on 1980 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Twenty Years of Federal Trade Commission Merger Enforcement Activity (1985-2004). by : Malcolm B. Coate
Download or read book Twenty Years of Federal Trade Commission Merger Enforcement Activity (1985-2004). written by Malcolm B. Coate and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Hart Scott Rodino program, coupled with the modern Merger Guidelines has structured merger enforcement for the last twenty years. This paper reviews all of the filings on which the Commission issued a second request. While horizontal mergers predominate, vertical, potential competition and monopsony cases have been observed in the sample. Over the years, the Commission has studied a broad range of industries, including branded consumer products, chemicals, hospitals, drugs, oil and retailing. Some evolution in the theories of concern can be observed, along with minor changes in policy on efficiencies. A statistical model is given to predict the outcomes of matters that appear to be very close calls.
Book Synopsis How the Chicago School Overshot the Mark by : Robert Pitofsky
Download or read book How the Chicago School Overshot the Mark written by Robert Pitofsky and published by Oxford University Press. This book was released on 2008-10-14 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the Chicago School Overshot the Mark is about the rise and recent fall of American antitrust. It is a collection of 15 essays, almost all expressing a deep concern that conservative economic analysis is leading judges and enforcement officials toward an approach that will ultimately harm consumer welfare. For the past 40 years or so, U.S. antitrust has been dominated intellectually by an unusually conservative style of economic analysis. Its advocates, often referred to as "The Chicago School," argue that the free market (better than any unelected band of regulators) can do a better job of achieving efficiency and encouraging innovation than intrusive regulation. The cutting edge of Chicago School doctrine originated in academia and was popularized in books by brilliant and innovative law professors like Robert Bork and Richard Posner. Oddly, a response to that kind of conservative doctrine may be put together through collections of scores of articles but until now cannot be found in any one book. This collection of essays is designed in part to remedy that situation. The chapters in this book were written by academics, former law enforcers, private sector defense lawyers, Republicans and Democrats, representatives of the left, right and center. Virtually all agree that antitrust enforcement today is better as a result of conservative analysis, but virtually all also agree that there have been examples of extreme interpretations and misinterpretations of conservative economic theory that have led American antitrust in the wrong direction. The problem is not with conservative economic analysis but with those portions of that analysis that have "overshot the mark" producing an enforcement approach that is exceptionally generous to the private sector. If the scores of practices that traditionally have been regarded as anticompetitive are ignored, or not subjected to vigorous enforcement, prices will be higher, quality of products lower, and innovation diminished. In the end consumers will pay.
Book Synopsis U.S. Antitrust Law and Enforcement by : Douglas F. Broder
Download or read book U.S. Antitrust Law and Enforcement written by Douglas F. Broder and published by Oxford University Press, USA. This book was released on 2012 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: U.S. Antitrust Law and Enforcement provides readers with an updated unique and straight-forward introduction to United States antitrust law. This book delivers a one-stop introduction to the entire field of antitrust law and practice, allowing law firm and in-house practitioners who do not specialize in antitrust, foreign attorneys, newly-minted lawyers, and law students to quickly gain an understanding of the wide variety of issues and policies affected by U.S. antitrust laws. The Second Edition features new Supreme Court decisions as well as analyses of important revisions to the Merger Guidelines used by the federal antitrust enforcement agencies and to the Hart-Scott-Rodino Rules and the premerger notification report form. U.S. Antitrust Law and Enforcement helps attorneys develop the ability to spot and analyze antitrust law issues by providing an approachable overview of the statutes and regulations that make up the law, the leading Supreme Court decisions that create the framework for analysis found in lower court cases, the elements that must be proved to make out a claim under the various antitrust laws, and the guidelines and policy statements that describe antitrust enforcement at the federal agency level.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law Publisher : ISBN 13 : Total Pages :152 pages Book Rating :4.:/5 (327 download)
Book Synopsis Hart-Scott-Rodino Antitrust Procedure Amendments Act by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law
Download or read book Hart-Scott-Rodino Antitrust Procedure Amendments Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law and published by . This book was released on 1989 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Horizontal Mergers by : William Blumenthal
Download or read book Horizontal Mergers written by William Blumenthal and published by American Bar Association. This book was released on 1986 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Number 14 in the Antitrust law Section monograph series, this work summarizes the state of the law in every area affecting semihorizontal, conglomerate and vertical mergers, and was prepared as a companion to Monograph 12.
Book Synopsis The Hart-Scott-Rodino Antitrust Improvements Act of 1976 by :
Download or read book The Hart-Scott-Rodino Antitrust Improvements Act of 1976 written by and published by . This book was released on 1990 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :American Bar Association. Section of Antitrust Law Publisher :American Bar Association ISBN 13 :9780897077644 Total Pages :72 pages Book Rating :4.0/5 (776 download)
Book Synopsis The 1992 Horizontal Merger Guidelines by : American Bar Association. Section of Antitrust Law
Download or read book The 1992 Horizontal Merger Guidelines written by American Bar Association. Section of Antitrust Law and published by American Bar Association. This book was released on 1992 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
