Volume

33

First Page

3

Last Page

15

Abstract

As members of the ABA Antitrust Section's Task Force on Fundamental Theory, we are pleased to provide a brief discussion of the appropriate role of market concentration in the review of mergers under the antitrust laws. This paper, organized in four main parts, will offer some suggestions for revising the Department of Justice and Federal Trade Commission Horizontal Merger Guidelines. A final section of this work will analyze whether it would be preferable to conduct merger analysis by applying Professor Michael E. Porter's business strategy framework rather than the Merger Guidelines.

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