New Theory, New Practice?

Policing Vertical and Conglomerate Mergers with Conduct Remedies

August 1, 2011

According to conventional wisdom, the Department of Justice and the Federal Trade Commission prefer structural merger remedies like divestiture over remedies that require ongoing monitoring of post-merger conduct. Structural remedies offer comparative ease of implementation and require less resource allocation for compliance monitoring—and, the argument goes, best allow market forces to take effect in the post-merger world.

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