Document is current

Article History

Accepted: 9 April 2024

First Online: 3 May 2024

Declarations

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: I frequently work on matters before the enforcement agencies that are related to mergers and have worked for and against many of the largest firms that are involved in current litigation. I served as Deputy Assistant Attorney General in the Antitrust Division of the Department of Justice during 2006-2008 and was involved with the preparation of prior Merger Guidelines. When I mention a case in this article, I will indicate if I was involved in the case. My CV at Compass Lexecon lists the matters where my involvement is public. I thank Thomas Barnett, David Gelfand, Ken Heyer, Lewis Kaplow, Daniel O’Brien, Gregory Pelnar, Sam Peltzman, Steven Salop, Allan Shampine, Yoad Shefi, Ryan Shores, Theresa Sullivan, Larry White, and participants at my talks at the Federal Reserve Board and George Mason University for helpful comments.