An unsettled question in U.S. antitrust law is whether horizontal mergers involving market power should be permitted on the basis of efficiency claims. This Article outlines the current treatment of efficiencies and the central issues which will need to be considered if the efficiency defense is to emerge. The Author argues for the emergence of an absolute judicial formulation of the defense and broader enforcement discretion.
Mark N. Berry,
Efficiencies and Horizontal Mergers: In Search of a Defense,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol33/iss2/3