Practical aspects of defending bank mergers before the Federal Reserve Board and the Department of Justice
Article Abstract:
There are differences in the factual defenses of bank mergers which are sought for approval by the Federal Reserve Board (FRB) or to avoid intervention by the Dept of Justice (DOJ). Geographic markets are analyzed for their boundaries by the FRB, while DOJ looks at the centers. Product markets are analyzed by the FRB with a cluster approach, while DOJ distinguishes individual from business markets. Concentration of competition is analyzed by the FRB using a single index, while DOJ uses many indexes. Thorough factual evidence is essential to any bank merger defense when confronting either the FRB or DOJ.
Publication Name: Antitrust Law Journal
Subject: Law
ISSN: 0003-6056
Year: 1993
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Balancing competitor cooperation and competition against consumer welfare and viable international competition
Article Abstract:
The rule of reason and per se rule of antitrust analysis should not be eased to facilitate technological progress and international competitiveness. Lenience is given for technical innovation by the ancillary restraints doctrine and the 1984 National Cooperative Research Act. Antitrust cases have involved abusive claims of technical progress in attempts of defense, whereas any valuable progress will not require relaxation of antitrust law.
Publication Name: Antitrust Law Journal
Subject: Law
ISSN: 0003-6056
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
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