As members of the ABA Antitrust Section's Task Force on Fundamental Theory, we are pleased to provide a briefdiscussion of the appropriate role of market concentration in the review of mergers under the antitrust laws. Thispaper, organized in four main parts, will offer some suggestions for revising the Department of Justice and FederalTrade Commission Horizontal Merger Guidelines. A final section of this work will analyze whether it would bepreferable to conduct merger analysis by applying Professor Michael E. Porter's business strategy framework ratherthan the Merger Guidelines.
Jonathan Baker & Steven Salop,
Should Concentration be Dropped from the Merger Guidelines?,
University of West Los Angeles Law Review
Available at: https://digitalcommons.wcl.american.edu/facsch_lawrev/1922