Rethinking Antitrust

#2: Do the Proposed Merger Guidelines Promote the Rule of Law?

Episode Summary

Gregory J. Werden worked at the Antitrust Division of the U.S. Department of Justice for over 40 years, where he helped prepare numerous enforcement guidelines and over a hundred briefs filed in the appellate courts or the Supreme Court. Bilal Sayyed (Senior Competition Counsel, TechFreedom) and Greg discuss whether the proposed merger guidelines promote the rule of law, and whether the proposed changes to the merger guidelines are supported by law, antitrust economics, or the antitrust agencies’ experience.

Episode Notes

Federal Trade Commission and Department of Justice, Merger Challenges Data, 1999-2003

Federal Trade Commission, Horizontal Merger Investigation Data, FY 1996-2003

Federal Trade Commission, Horizontal Merger Investigation Data, FY 1996-2005

Federal Trade Commission, Horizontal Merger Investigation Data, FY 1996-2007

Federal Trade Commission, Horizontal Merger Investigation Data, FY 1996-2011

Gregory J. Werden, Comments on Draft Merger Guidelines

Gregory J. Werden, Submission in Response to Request for Information on Merger Enforcement

Gregory J. Werden & George Hay, Horizontal Mergers: Law, Policy and Economics

Gregory J. Werden, Market Delineation Algorithms Based on the Hypothetical Monopolist Paradigm 

Gregory J. Werden, Mergers with Weak Competition: Reflections on FTC v. Lundbeck