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Panel Three: Mergers

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Published on Mar 27, 2012

The third panel will focus more specifically on how the antitrust laws treat mergers in high-tech industries. Traditional merger analysis focuses on the degree to which a combination of producers is likely to lessen competition on price, output, and quality. Recent high-profile mergers in rapidly evolving industries have brought the potential conflicts between the goals of promoting short-run competition and innovation into relief. This program will examine topics such as: To what extent do agencies account for dynamic considerations in their merger analysis under Section 7 of the Clayton Act? Do the 2010 Merger Guidelines mark an improvement in incorporating dynamic considerations? What should the agencies count as efficiencies in their legal analysis?

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