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.

Analysis, Bank mergers, Practice, United States. Department of Justice, United States. Federal Reserve Board

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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.

Economic aspects, Joint ventures, International competition (Commerce), International competition (Economics)

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