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date: 21 February 2020

Abstract and Keywords

This chapter explains the application of antitrust law to merger and acquisitions, especially horizontal transactions, which involve direct competitors. The chapter outlines the analysis the U.S. enforcement agencies set out in their Horizontal Merger Guidelines―a fact-intensive analysis focusing on the precise competitive interaction between the merging firms and the competitive environment in which they operate. The chapter focuses mainly on unilateral effects, which arise from the elimination of head-to-head competition between the merging firms. Several distinct unilateral effects are distinguished and illustrated with real-world examples. In particular, the chapter explains how modern economic analysis identifies the relatively few horizontal mergers and acquisitions found to violate antitrust law.

Keywords: Acquisitions, Antitrust, Horizontal Mergers, Horizontal Merger Guidelines, Unilateral Effects

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