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2023 Merger Guidelines: Entrenchment, Extension, and Ecosystems

Surya Malhotra Khanna, Kostis Hatzitaskos, Laura Cielle Onken, and Steven C Salop

Beyond Horizon: Entrenchment, Extension and Ecosystems in the 2023 Merger Guidelines. This panel discusses Guidelines 5 and 6 of the 2023 Merger Guidelines, with a focus on several recent antitrust matters that have the potential to upend established jurisprudence regarding non-horizontal theories of competition. The panel discusses the new hot term “ecosystems” in Antitrust and what the potential anti-competitive concerns are in ecosystem mergers. The panel also has a very lively discussion about the FTC decision on the IQVIA merger case and give their opinions on the arguments made by the parties.