The focus of the guidelines is to help assess whether a merger would significantly impede effective competition or create or strengthen a dominant position. Unfortunately, this structural understanding of competition differs from a conception of competition as either a dynamic process or a consumer welfare proscription, both of which are far better suited to having a productive and growing economy.

Comments to the European Commission Regarding Mergers Regulation

While ITIF believes that the New Draft Merger Guidelines have many features that will significantly improve merger enforcement in Europe, there remain a number of areas where the guidelines can and should be substantially improved.

Comments to European Commission Regarding Review of the Mergers Regulation

Joseph V. Coniglio speaks about remedies in the DOJ v. Google search antitrust case at a panel hosted by the D.C. Bar.

United States v. Google: Assessing Potential Remedies and Impacts

Joseph Coniglio speaks about Europe's big tech regulations at an event hosted by Broadband Breakfast.

Big Tech and Europe

Antitrust authorities want to revise merger guidelines based on dubious theories of potential harm that fail to recognize how many mergers foster innovation, productivity, and U.S. global competitiveness. New merger guidelines should better account for these considerations.

Why Merger Guidelines Must Do More to Support Productivity, Innovation, and Global Competitiveness

The neo-Brandeisian case for more aggressive merger reviews assumes that market concentration is out of control and enforcement has been too lax. Neither is true. Antitrust regulators should recognize that mergers can contribute to innovation, productivity, and competition.

Reforming Merger Reviews to Preserve Creative Destruction

The EU needs a new approach to competition policy grounded not in the 20th century continental industrial economy but in the 21st century global innovation economy, Eline Chivot writes for CompLaw Blog.

Does Europe’s Competition Policy Work Against EU Firms Getting Needed Scale?

Law360 quoted Joseph Coniglio in an article about the FTC’s decision to continue using Biden-era merger review guidelines.

Ferguson, DOJ Keep Biden-Era Merger Guides for 'Stability'

Competere Contribution to the European Commission’s Pharmaceuticals Strategy Roadmap

 on key aspects of the review of the EU merger guidelines. 

Joseph V. Coniglio speaks at a stakeholder workshop on key aspects of the review of the EU merger guidelines. 

Review of the EU Merger Guidelines: Scale, Competitiveness and Efficiencies

Related

Comments to the European Commission Regarding Mergers Regulation

Comments to European Commission Regarding Review of the Mergers Regulation

United States v. Google: Assessing Potential Remedies and Impacts