COMMITTEE PROGRAM AUDIO

A Lesser Hurdle? Exploring Section 2 as Applied to Consummated Mergers

Some have suggested that Section 2 does not require proof of actual anti-competitive effects or proof that the "but for" world would be different, but instead requires only a showing that the conduct in question was reasonably capable of making a significant contribution to monopoly power. The speakers will address all sides of this issue and consider the impact that one’s answer has on the ability to challenge consummated mergers, including serial acquisitions.

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