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“Revising the Merger Guidelines To Return Antitrust to a Sound Economic and Legal Foundation” by John Kwoka

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ProMarket, September 27, 2023

The draft Merger Guidelines largely replace the consumer welfare standard of the Chicago School with the lessening of competition principle found in the 1914 Clayton Act. This shift would enable the Federal Trade Commission and Department of Justice Antitrust Division to utilize the full extent of modern economics to respond to rising concentration and its harmful effects, writes John Kwoka.

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