The recent decision by Judge Pan to exclude evidence of merger efficiencies in the Penguin Random House/Simon & Schuster merger raises key questions about their role in merger challenges.
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This Paper Trail considers research on countervailing factors such as entry and efficiencies that can overcome the adverse effects of an anticompetitive merger.
The article analyzes court opinions in the government’s recent unsuccessful efforts to enjoin vertical mergers and explores the types of evidence that the government can offer to persuade the courts…
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