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Recent trends in antitrust merger enforcement have brought into sharp focus the acquisition of nascent or potential competitors in the technology and life sciences sectors. These deals...
The Proposed Merger Guidelines represent the DOJ's and the FTC's aggressive scrutiny of mergers. As one of the most important reflections of policy the Antitrust Agencies use to analyze...
Potential competition is distinct from the related concept of nascent competition, which encompasses scenarios wherein an incumbent firm could be competitively constrained in the future by an existing market participant’s product or innovation.
US antitrust enforcers have seen a major spike in Hart-Scott-Rodino HSR premerger filings. European Commission is focusing on green killer acquisitions, highlighting the interplay between the EU competition rules and the European Union’s environmental protection objectives.