Guidelines of 2010 we read, "Relevant markets need not have precise metes and bounds." (30) Similarly, the European Commission in the OECD Roundtable Report states that there are markets in which varying degrees of competition interaction between the products in question can be determined.
A sore point is this deal is a "horizontal merger
" which will combine two companies in the same industry.
(158) While the Horizontal Merger
Guidelines have been continuously revised through 2010, the Vertical Merger Guidelines have not been touched since 1984.
Richards has very significant regulatory uncertainty and risk, given that it is a horizontal merger
to what would appear to be a monopoly.
In consolidated markets (defined by the Federal Trade Commission's Horizontal Merger
Guidelines), prices for inpatient procedures were 79% higher and outpatient physician prices ranged from 35% to 63% higher (depending on the physician specialty) than less-concentrated markets.
The study's analysis of labor markets found an average HHI of 3,157, which is above the 2,500 threshold for high concentration as defined by the horizontal merger
guidelines of the Department of Justice and Federal Trade Commission.
Brown Shoe is a much studied and much maligned vertical and horizontal merger
ruling by the Supreme Court, addressing the Brown Shoe Company's attempted purchase of G.R.
"Oligopoly and the Incentive for Horizontal Merger
." American Economic Review, 75(1), 1985,219-27.
Brennan's claim that my "conception"--i.e., the concepts I developed, arguments I made, and conclusions I reached in my 1979 Antitrust Division lecture on horizontal mergers--"has ended up faring very well." (139) My study presents detailed accounts and critiques of the DOJ/FTC 1992 Horizontal Merger
Guidelines' approach to horizontal-merger analysis and of their 1997 revision of those Guidelines, (140) of the DOJ/FTC 2010 Horizontal-Merger Guidelines, (141) of the 2004 EC Guidelines on the assessment of horizontal mergers
, (142) and of the EC's and E.C./E.U.
analysis without providing any benefit to justify the
(11.) DOJ & FTC, Horizontal Merger
Guidelines 18-19 (2010),
Commissioner Wright discusses two theories from the FTC's 2010 Horizontal Merger
Guidelines critical to understanding his position on the agency's Lafarge, Holcim Decision & Order: