Title

Should the Philadelphia National Bank Presumption Be Abandoned or Allowed to Evolve?

Document Type

Article

Publication Date

September 2013

Abstract

In a recent speech, FTC Commissioner Joshua D. Wright called on courts to abandon the presumption established in Philadelphia National Bank (PNB) that mergers of rival firms with high market shares in concentrated markets harm competition. We previously have written on this topic and wanted to comment on his proposal and suggest an alternative. We think that presumption should not be abandoned, but should continue to evolve.

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