Rethinking Antitrust

#1: What Should Merger Guidelines Do?

Episode Summary

The merger guidelines set forth the analytic framework the federal antitrust agencies use to evaluate the competitive effects of mergers. The Biden Administration proposes to revise the merger guidelines, releasing a draft of proposed revised merger guidelines in July 2023. Bilal Sayyed (Senior Competition Counsel, TechFreedom) discusses the draft with Eleanor Fox and Daniel Francis whether new merger guidelines were needed, and whether the draft signals significant change in merger policy. Eleanor M. Fox is the Walter J. Derenberg Professor of Trade Regulation Emerita at New York University School of Law. She is an expert in antitrust and competition policy, and teaches, writes, and advises on competition policy in nations around the world and in international organizations. Daniel Francis is an Assistant Professor of Law at NYU. He writes and teaches about regulation and competition, particularly in complex or high-tech markets and is the co-author of Antitrust: Principles, Cases, and Materials (2023), a free antitrust casebook published by the ABA Section of Antitrust Law.

Episode Notes

Eleanor M. Fox, A Slice of Forgotten History and Its Light on the Future - Changing the Lens on Antitrust

Eleanor M. Fox,  Tackling the Critics of the Draft Merger Guidelines

Daniel Francis, Revisiting the Merger Guidelines: Protecting an Enforcement Asset

Daniel Francis, Comments on the 2023 Draft Merger Guidelines

Statement of FTC Chairman Timothy J. Muris, In the Matter of Genzyme/Novazyme

Dissenting Statement of FTC Commissioner Mozelle Thompson, In the Matter of Genzyme/Novazyme

Statement of FTC Commissioner Pamela Jones Harbour, In the Matter of Genzyme/Novazyme

Bilal Sayyed, The Draft Merger Guidelines Abandon the Persuasiveness of their Predecessors