Horizontal Merger Guidelines Review Project Workshop

Tuesday, December 8, 2009

9:00 AM - 5:00 PM

NYU School of Law
40 Washington Square South
Greenberg Lounge
[View on Google Map]

Agenda


[PDF]

Conference Co-Chairs

Harry First - NYU School of Law
Eleanor Fox - NYU School of Law
Howard Shelanski - Federal Trade Commission
Philip Weiser - Department of Justice

Abstract


The Department of Justice and the Federal Trade Commission will hold joint public workshops, one being held at NYU School of Law, to explore the possibility of updating the Horizontal Merger Guidelines that are used by both agencies to evaluate the potential competitive effects of mergers and acquisitions. The goal of the workshops will be to determine whether the Horizontal Merger Guidelines accurately reflect the current practice of merger review at the Department and the FTC as well as to take into account legal and economic developments that have occurred since the last significant Guidelines revision in 1992.  The Horizontal Merger Guidelines outline the merger enforcement policy of the FTC and DOJ. The Guidelines describe the analytical framework and specific standards normally used by the agencies in analyzing mergers. The Guidelines are intended to reduce the uncertainty associated with enforcement of the antitrust laws in the merger area. The agencies will issue a set of questions about the current Guidelines and possible revisions. Horizontal Merger Guidelines topics to be discussed include: the overall method of analysis used by the agencies; the use of more direct forms of evidence of competitive effects; market definition; market shares and market concentration; unilateral effects, especially in markets with differentiated products; price discrimination; geographic market definition; the relevance of large buyers; the distinction between uncommitted and committed entry; the distinction between efficiencies involving fixed and marginal cost savings; the non-price effects of mergers, especially the effects of mergers on innovation; and remedies.

This workshop is free and open to the public. Seating is on a first come first serve basis. Pre-registration is not required to attend.

For more information, visit the Federal Trade Commission website at http://www.ftc.gov/bc/workshops/hmg/index.shtml#dec8.