2023 Annual Antitrust Enforcers Summit: Challenges in Merger Review Panel

This discussion addressed challenges in merger review, including: (1) establishing illegality in emerging markets; (2) successful examples of using direct evidence, rather than indirect evidence, to establish markets and theories of harm; (3) examples of theories of harm for the merger of complementary products, such as the entrenchment of market power and portfolio effects; and (4) examples of theories based on the merging parties' use of data, including privacy, information exploitation, or information sharing.

Related: Justice Department and Federal Trade Commission to Hold Annual Spring Enforcers Summit