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Table of contents I. A Retrospective and Prospective Analysis of Monopsony Power Under the Merger Guidelines Logan Billman and Kristen Limarzi II. Mergers That Increase Buyer Power and the Function of Presumptions: Two Key Issues in the Revision of the Merger Guidelines Peter C. Carstensen III. What's new in the 2023 Merger Guidelines Joseph Farrell IV. Common Ownership and the Merger Guidelines Merritt B. Fox and Menesh S. Patel V. Awakening Merger Control: The New U.S. Merger Guidelines Eleanor M. Fox VI. Antitrust Ideology and the 2023 U.S. Merger Guidelines Diana L. Moss VII. The Missing Merger Guideline: On Efficiencies Maureen K. Ohlhausen and Taylor M. Owings VIII. Economics in the 2023 Merger Guidelines: Three Areas of Concern Jeremy Sandford, Loren Smith and Nathan Wilson IX. The Evolution (and Devolution) of Market Structure Reasoning Sean P. Sullivan X. Market Delineation under the New Merger Guidelines: Gerrymandering Redux Gregory J. Werden

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9781939007339

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Sean P. Sullivan is Professor of Law at the University of Iowa, College of Law. His writing interests include topics in evidence law, antitrust law, and law and economics. He served as an antitrust attorney for the Federal Trade Commission, where his practice focused on the review and litigation of mergers in technology and commodity-chemical industries. Ilene Knable Gotts is a partner in the New York City law firm of Wachtell, Lipton, Rosen & Katz, where she focuses on antitrust matters, particularly relating to mergers and acquisitions. Ms. Gotts is regularly recognized as one of the world's top antitrust lawyers, including being recognized in both the 2006 and 2007 Editions of The International Who's Who of Business Lawyers, as one of the top 15 global competition lawyers, in the first tier ranking of Chambers USA Guide, and the ""leading individuals"" ranking of PLC Which Lawyer Yearbook 2007 Edition. Mrs. Gotts previously worked as a staff attorney in the Bureau of Competition of the Federal Trade Commission in conduct and merger investigations, and in the FTC Bureau of Consumer Protection. Mrs. Gotts is currently the Vice Chair of the American Bar Association's Section of Antitrust Law, having previously served in a variety of leadership positions including as the International Officer. In 2006-2007, Mrs. Gotts was the Chair of the New York State Bar Association's Antitrust Section and is currently a member of the American Law Institute. Mrs. Gotts is a frequent guest speaker, has had over 120 articles published on antitrust-related topics, and was the editor of the second and third editions of the ABA's Merger Review Process Handbook. She is a member of the editorial board of The Antitrust Counselor and Antitrust Report publications and the advisory board of BNA's Antitrust & Trade Regulation Report. Mrs. Gotts is a member of the Board of National Law Alumni of Georgetown University Law Center, Advisory Board of Georgetown University Law Center's Corporate Counsel Institute, the Lincoln Center Counsel's Council, and Legal Advisory Board of Legal Momentum.

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