The 2023 Merger Guidelines: An Assessment
James Keyte interviews Herbert Hovenkamp and Tim Wu on the 2023 Merger Guidelines. Antitrust Magazine, Volume 38 Issue 3
Summer 2024
Volume 38, Issue 3
Cover Stories
The Efficiency Rebuttal in the New Merger Guidelines: Bad Law and Bad Economics
The new Merger Guidelines have done a better job applying textualism, legislative history, legal precedent, and modern economics to the Clayton Act.
Who’s Afraid of the UK Competition & Markets Authority?
The Article provides an overview of recent trends in UK merger control, focusing on the expansion of CMA’s jurisdiction and the scope of its enforcement powers which are creating a challenging regula…
Articles and Features
Editor’s Note The Puzzle of M&A
Michael Lindsay provides an overview of the Summer 2024 issue of Antitrust. Editor's Note for Antitrust Magazine, Volume 38, Issue 3.
The Economics Case for the Consumer Welfare Standard in Antitrust
Tom Campbell argues that the consumer welfare standard is superior to non-economic neo-Brandeisian factors that the FTC and DOJ currently advocate.
Generative AI: Drawing the U.S. Battle Lines
This article describes the current layers of the generative AI stack and discusses how antitrust issues related to generative AI are likely to take shape in the U.S.
Pricing Algorithms and Antitrust Enforcement: More Scrutiny?
Antitrust enforcers are ramping up efforts to challenge the use of pricing algorithms as violations of Sherman Act Section 1, Sherman Act Section 2, and Section 5 of the FTC Act.
Money Falling From the Sky? M&A Reviews Under the EU’s Foreign Subsidies Regulation
The article considers the increased regulatory complexity and legal uncertainty in M&A transactions as a result of the introduction of the Foreign Subsidies Regulation by the European Commission and…
Antitrust and Pop Culture III: Direct to Streaming
This is the final of three articles showing the connections between antitrust and pop culture. It is fun to consider how antitrust is depicted in pop culture. It is also important to understand how t…