Public Workshop: Merger Enforcement

Workshop Information

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

Horizontal Merger Guidelines

December 18, 2003

Report: Merger Challenges Data for Fiscal Years 1999-2003

Revised: August 19, 2010

Horizontal Merger Guidelines

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.

Workshop agenda

Session transcripts appear on the agenda page.

Press Releases

December 18, 2003

Department of Justice and FTC Issue Merger Challenges Data, Announce Upcoming Merger Enforcement Workshop

February 11, 2004

Justice Department/Federal Trade Commission to Host Joint Workshop on Merger Enforcement - Three-day Public Event Scheduled for February 17-19 in Washington, D.C.

Public Comments

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