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Ten Years of the 2010 HMG: A Perspective from the Department of Justice

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  • Craig T. Peters

    (U.S. Department of Justice)

  • Jeffrey M. Wilder

    (U.S. Department of Justice)

Abstract

Ten years after their release, the 2010 Horizontal Merger Guidelines continue to reflect accurately current legal and economic principles of antitrust. Despite fears to the contrary, the Antitrust Division still relies on market shares and concentration—along with a wide range of other evidence—to determine whether a merger is likely to harm competition substantially. Similarly, market definition remains an essential ingredient to merger analysis, combining the quantitative rigor of the hypothetical monopolist test with the kinds of qualitative evidence that date back to Brown Shoe. The 2010 Horizontal Merger Guidelines have also contributed to courts’ increasing acceptance of the standard economic tools that are used to quantify the potential impact of horizontal mergers, including merger simulation and upward pricing pressure.

Suggested Citation

  • Craig T. Peters & Jeffrey M. Wilder, 2021. "Ten Years of the 2010 HMG: A Perspective from the Department of Justice," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 58(1), pages 13-31, February.
    • Handle: RePEc:kap:revind:v:58:y:2021:i:1:d:10.1007_s11151-020-09799-3
    DOI: 10.1007/s11151-020-09799-3
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    References listed on IDEAS

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    1. Werden, Gregory J., 1997. "Simulating The Effects Of Differentiated Products Mergers: A Practitioners' Guide," Strategy and Policy in the Food System: Emerging Issues, June 20-21, 1996, Washington, D.C. 25942, Regional Research Project NE-165 Private Strategies, Public Policies, and Food System Performance.
    2. Yongmin Chen & Marius Schwartz, 2016. "Churn Versus Diversion in Antitrust: An Illustrative Model," Economica, London School of Economics and Political Science, vol. 83(332), pages 564-583, October.
    3. Werden, G.J., 1996. "Simulating the Effects of Differentiated Products Mergers," Papers 96-02, U.S. Department of Justice - Antitrust Division.
    4. W. Majure & Fiona Scott Morton, 2012. "The Year in Review: Economics at the Antitrust Division: 2011," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 41(4), pages 321-331, December.
    5. Nocke, Volker & Whinston, Michael D., 2020. "Concentration Screens for Horizontal Mergers," CEPR Discussion Papers 14979, C.E.P.R. Discussion Papers.
    6. Ronald Drennan & Matthew Magura & Aviv Nevo, 2013. "The Year in Review: Economics at the Antitrust Division 2012–2013," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 43(4), pages 291-302, December.
    7. Judd Stone & Joshua Wright, 2011. "The Sound of One Hand Clapping: The 2010 Merger Guidelines and the Challenge of Judicial Adoption," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 39(1), pages 145-158, August.
    8. Farrell Joseph & Shapiro Carl, 2010. "Antitrust Evaluation of Horizontal Mergers: An Economic Alternative to Market Definition," The B.E. Journal of Theoretical Economics, De Gruyter, vol. 10(1), pages 1-41, March.
    9. Werden, G.J., 1992. "The History of Antitrust Market Delineation," Papers 92-8, U.S. Department of Justice - Antitrust Division.
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