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date: 14 November 2019

Abstract and Keywords

This chapter will examine the theory, evolution, and current state of the law regarding efficiencies in US antitrust enforcement. It will begin with a brief discussion of the economics underlying efficiency claims and how they relate to the welfare standard of US antitrust law. It will then examine the history of efficiency claims before US courts and enforcement agencies and trace the evolution of the law to its current state. This chapter will then turn to how antitrust enforcement agencies in the United States currently incorporate and assess efficiency claims, focusing on merger investigation but with some discussion of conduct cases as well. The chapter concludes with some open questions and suggestions for further research.

Keywords: efficiency, merger, antitrust, welfare standard, antitrust law

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