The US DoJ and FTC issue new horizontal merger guidelines increasing antitrust attention on mergers limiting innovation

The 2010 Horizontal Merger Guidelines and Restraints on Innovation* The 2010 Horizontal Merger Guidelines give increased treatment to a topic that was not well developed in previous Guidelines – namely, mergers that threaten to restrain innovation. The 1968 Guidelines had contained a statement on innovation to the effect that: the Department has used Section 7 to prevent mergers which may diminish long-run possibilities of enhanced competition resulting from technological developments that may increase inter-product competition between industries whose products are presently relatively imperfect substitutes. 1968 Merger Guidelines, III, 20. The 1984 Guidelines noted briefly that market share figures might overstate a firm’s competitive significant if rivals had access to a

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  • University of Pennsylvania (Old Westbury)

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Herbert J. Hovenkamp, The US DoJ and FTC issue new horizontal merger guidelines increasing antitrust attention on mergers limiting innovation, 19 August 2010, e-Competitions August 2010, Art. N° 35996

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