The analytical framework of the Horizontal Merger Guidelines, first introduced by Bill Baxter in 1982, has been adopted by numerous Assistant Attorney Generals and Federal Trade Commission Chairmen of both political parties. For example, former Assistant Attorney General Charles James called the...

The Federal Trade Commission has investigated the structure and competitiveness of the petroleum industry many times over the past 100 years. Some of the Commission's most intensive investigations were initiated in response to Congressional inquiries, most notably the enormously expensive and...

The Department of Justice and Federal Trade Commission are considering changes to the Horizontal and Vertical Merger Guidelines and have asked whether the current guidelines “underemphasize or neglect … potential competition.” Whether potential competition is underemphasized in the merger...

Historically, the Antitrust Division of the U.S. Department of Justice and the Federal Trade Commission have provided only limited details of their merger enforcement policies. More recently, the agencies have made a noticeable effort to improve transparency in merger enforcement, including...