The Use of Structural Presumptions in Merger Analysis
12 PM EDT
The FTC recently required divestitures in two merger investigations stating that when "a proposed merger significantly increases concentration in an already highly concentrated market, a presumption of competitive harm is justified under both the Guidelines and well-established case law." Commissioner Wright dissented in both matters, contending that the majority's "reliance upon such shorthand structural presumptions untethered from empirical evidence subsidize a shift away from the more rigorous and reliable economic tools embraced by the Merger Guidelines in favor of convenient but obsolete and less reliable economic analysis."
Brendan Coffman, Wilson Sonsini Goodrich & Rosati LLP
Angela Diveley, Office of Commissioner Joshua D. Wright, Federal Trade Commission
Abbott (Tad) Lipsky, Latham & Watkins LLP
Janusz Ordover, Compass Lexecon
Henry Su, Office of Chairwoman Edith Ramirez, Federal Trade Commission
Latham & Watkins
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