There have been calls for the Federal Trade Commission and U.S. Department of Justice to consider the potential loss of consumer privacy as a factor in their merger reviews and to challenge mergers of firms with large stores of personal data that otherwise pose no competitive issues. I contend...

At least since the early 1980s, the core principles of merger enforcement policy have been stable. Horizontal mergers that create, enhance, or facilitate the exercise of market power and vertical transactions that adversely affect horizontal competition are condemned, and consumer welfare is the...

In June 2020, the Department of Justice and Federal Trade Commission released updated Vertical Merger Guidelines. Consistent with recent public debates on vertical merger policy, the new guidelines have been controversial, garnering both praise and criticism. Yet the development and longevity of...