Dynamic Antitrust Discussion Series: “The Regulatory Revolution Against Mergers”
The Federal Trade Commission and the Justice Department’s Antitrust Division have issued a public request for information that kicks off a process to “modernize enforcement of the antitrust laws regarding mergers.” Coming in the wake of an FTC vote last fall to rescind vertical merger guidelines that the FTC and DOJ issued jointly in 2020, the new review process signals regulators’ clear intent to completely overhaul the standards they follow to review proposed mergers and acquisitions. The underlying premise for this is the Neo-Brandeisian conviction that market consolidation has gotten out of control, giving rise to an era of monopoly. Meanwhile, considerations such as market efficiency and innovation are given little attention. What should we expect from this rewrite of merger-review guidelines, and what will the ramifications be for innovation and competition?
Please join ITIF for the latest in a series of discussions on “dynamic antitrust,” in which ITIF’s Schumpeter Project on Competition Policy hosts leading scholars and antitrust enforcers to discuss the path forward in making antitrust a foundation for innovation.
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