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Posted: March 24th, 2024
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Content
The DOJ/FTC Horizontal Merger Guidelines (HMGs) state that they
will calculate post-merger Herfindahl-Hirschmann Indices (HHI) and change in HHI caused by
the merger to determine if the merger deserves additional scrutiny from antitrust authorities (i.e.,
a Second Request). Write a page paper – Describe other measures of market structure and techniques that United
States antitrust authorities could use to determine if a merger deserves additional scrutiny or may
lead to the antitrust authorities challenging the merger. Make sure you discuss the advantage and
disadvantages of each measure/technique, including using HHI. In this discussion, describe why
the Guidelines use HHI instead of some other measure of market structure or technique as a
starting point to determine if a merger deserves additional antitrust scrutiny (i.e. why is HHI
better than these other measures).
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