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The Supreme Court and Beer Mergers: From Pabst/Blatz to the DOJ–FTC Merger Guidelines

Author

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  • Kenneth Elzinga
  • Anthony Swisher

Abstract

The beer industry in the U.S. has undergone significant structural change in the post-WWII period. The industry also was the object of prominent antitrust challenges to horizontal mergers proposed during this time frame. This paper documents the trend of increasing seller concentration in the brewing industry and assesses the role that mergers played in this structural transformation. We also analyze the change in merger policy that has taken place since the Supreme Court originally addressed mergers in the beer industry as compared to current antitrust enforcement under the DOJ–FTC Merger Guidelines and recent judicial decisions. Copyright Springer 2005

Suggested Citation

  • Kenneth Elzinga & Anthony Swisher, 2005. "The Supreme Court and Beer Mergers: From Pabst/Blatz to the DOJ–FTC Merger Guidelines," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 26(3), pages 245-267, December.
    • Handle: RePEc:kap:revind:v:26:y:2005:i:3:p:245-267
    DOI: 10.1007/s11151-004-8111-z
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    Citations

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    Cited by:

    1. Xiangrui Wang & Ron C. Mittelhammer & Thomas L. Marsh & Jill J. McCluskey, 2023. "Is Divestiture Effective as a Merger Remedy in the U.S. Beer Industry?," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 62(1), pages 1-18, February.
    2. Victor Tremblay & Natsuko Iwasaki & Carol Tremblay, 2005. "The Dynamics of Industry Concentration for U.S. Micro and Macro Brewers," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 26(3), pages 307-324, December.
    3. William James Adams, 2006. "Markets: Beer in Germany and the United States," Journal of Economic Perspectives, American Economic Association, vol. 20(1), pages 189-205, Winter.
    4. Kenneth G. Elzinga & Vandy M. Howell, 2018. "Geographic Market Definition in the Merger Guidelines: A Retrospective Analysis," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 53(3), pages 453-475, November.

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