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The 2010 HMGs Ten Years Later: Where Do We Go From Here?

Author

Listed:
  • Steven C. Salop

    (Georgetown University Law Center)

  • Fiona Scott Morton

    (Yale University School of Management)

Abstract

In this article, which is part of the Symposium on the Tenth Anniversary of the 2010 Horizontal Merger Guidelines, we suggest a number of improvements that should be considered in the next revision of the Guidelines. Our analysis is based on the observation that horizontal merger policy has suffered from under-enforcement. We provide evidence that the enforcement agencies face significant resource constraints that require a triage process that inevitably leads to under-enforcement. In light of merger law placing greater weight on avoiding false negatives and under-deterrence than false positive and over-deterrence, the article suggests a number of ways in which the under-enforcement bias might be corrected, including (among others): rolling back the increase in the HHI “red zone” thresholds; mandating anticompetitive presumptions for mergers with high GUPPIs, acquisitions of mavericks, and acquisitions by dominant firms; closer analysis of common ownership by financial funds; and expanded analysis of potential competition mergers.

Suggested Citation

  • Steven C. Salop & Fiona Scott Morton, 2021. "The 2010 HMGs Ten Years Later: Where Do We Go From Here?," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 58(1), pages 81-101, February.
    • Handle: RePEc:kap:revind:v:58:y:2021:i:1:d:10.1007_s11151-020-09809-4
    DOI: 10.1007/s11151-020-09809-4
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    References listed on IDEAS

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    Cited by:

    1. MacDonald, James M. & Dong, Xiao & Fuglie, Keith O., 2023. "Concentration and Competition in U.S. Agribusiness," Economic Information Bulletin 337566, United States Department of Agriculture, Economic Research Service.
    2. Steven C. Salop, 2024. "The 2023 Merger Guidelines: A Post-Chicago and Neo-Brandeisian Integration," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 65(1), pages 79-128, August.
    3. Richard J. Gilbert & A. Douglas Melamed, 2024. "Potential Competition and the 2023 Merger Guidelines," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 65(1), pages 269-302, August.

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