John Kwoka, the Neal F. Finnegan Distinguished Professor of Economics, has published an article in ProMarket, titled "The Next Administration Must Finish the Merger Guidelines Revision."
John Kwoka writes that the antitrust agencies under President Joe Biden made thoughtful revisions to the Merger Guidelines that will strengthen enforcement and competition. However, they still fall short in their treatment of the structural presumption and efficiencies defense, where both economics and the law provide grounds for strengthening. Current practices strain agency resources and permit anticompetitive mergers and acquisitions. The next administration must revisit these two issues.
ProMarket, September 19, 2024
