Brattle Director of Global Development James Keyte has authored an article on new merger guidelines in Antitrust Magazine.
The article, “New Merger Guidelines: Are the Agencies on a Collision Course with Case Law?,” discusses the main differences between the Neo-Brandeisian school of antitrust and the consumer-welfare standard as well as the prospect that courts will defer to enforcement agencies on new merger standards. These new standards are likely to both harken back to a more structural view of antitrust policy and enforcement and push forward today’s progressive concerns over issues such as market access, wage disparities, and other perceived distributional inequities. Mr. Keyte argues that the battle for control of antitrust standards may have already been lost in the courts, and any leaps in a progressive direction may fall to Congress.
The full article is available below.