On February 17–19, 2004, the Antitrust Division and the Federal Trade Commission (FTC) cohosted a three-day workshop on merger enforcement.
April 2, 1992, Revised: April 8, 1997
December 18, 2003
Revised: August 19, 2010
For more information, e-mail the Legal Policy Section (MergerWorkshopComments@usdoj.gov).
Overview of the Workshop
The workshop, open to the public, focused on state-of-the-art application of the Horizontal Merger Guidelines (Issued: 04/02/1992, Revised: 04/08/1997) and followed the release of a summary of Merger Challenges Data for Fiscal Years 1999-2003, issued jointly by the Department of Justice and the Federal Trade Commission.
The Division and the Commission accepted input from the public on topics that arise in horizontal merger investigations. The agencies sought analysis and insight based on economic theory, empirical analysis, business perspectives, and especially experience from actual mergers or merger investigations.
Issues for Consideration
Specific topics included the following:
- Application of the hypothetical monopolist test for market definition
- Concentration, market share, and other screens
- Uncommitted entry
- Coordinated interaction
- Unilateral effects
- Dynamic competitive analysis
- Creation of market power on the buying side of the market
- Efficiencies issues, including non-standard efficiencies
- Non-price competition, including analysis of innovation effects
- Implementation of the guidelines many steps in an integrated manner
Location, Agenda, and Transcripts
The workshop was held at the Federal Trade Commission Conference Center, 601 New Jersey Avenue in Washington, D.C.
Session transcripts appear on the agenda page.
December 18, 2003
February 11, 2004
Comments from the public, in both hardcopy and electronic form, were accepted in advance of the workshop. Selected comments appear on the FTC website.
Related Internet Site
FTC website: FTC/DOJ Joint Workshop on Merger Enforcement