Boston University School of Law

 

Brown Shoe Versus the Horizontal Merger Guidelines

Keith N. Hylton


Boston University School of Law Working Paper 11-05

Abstract

The new Horizontal Merger Guidelines, if treated by courts as a source of law, would reduce the discretion traditionally exercised by courts in defining relevant markets and market power in merger cases.  This is an undesirable shift in the balance of power because courts have used the market power inquiry stage of merger analysis as a general checkpoint or weigh station for evaluating factors relevant to the welfare effects of a merger.

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Suggested Citation:

Keith N. Hylton, "Brown Shoe Versus the Horizontal Merger Guidelines," Forthcoming, Review of Industrial Organization (2011).

Contact Information

Keith N. Hylton

Boston University School of Law
765 Commonwealth Avenue
Boston, MA 02215

knhylton@bu.edu

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