Has merger enforcement actually become stricter in the courts?
Core argument: Of 84,985 mergers reported to U.S. antitrust agencies from 1982 to 2021 under the Hart-Scott-Rodino Antitrust Improvement Act of 1976, the agencies challenged 1,477 by petitioning a court to stop the merger, according to the study.
The new study systematically analyzed the evolution of judicial standards for proposed mergers and found that the Chicago School in fact upgraded antitrust enforcement. The study examined 84,985 mergers reported to the agencies from 1982 to 2021 under the Hart-Scott-Rodino Antitrust Improvement Act of 1976. The agencies challenged 1,477 mergers, meaning that one of the agencies petitioned a court to stop the merger. The study found that the likelihood that agencies would win fully litigated cases rose since the Chicago School’s influence. It also found that the likelihood of challenged mergers proceeding to litigation increased. Both findings indicate a shift towards stricter enforcement standards in the courts. The study’s findings are consistent with those of an earlier study by some of the same authors. This earlier study found that the intensity of merger challenges increased from 1979 to 2017 and that the rising enforcement did not depend on who was in the White House.







Ed Comment: The entire Paris agreement: about 0.17°C. Net-zero emissions by the entire Organization for Economic Cooperation and Development: 0.352°C. A 50 percent reduction in Chinese GHG emissions: 0.184°C. A global 50 percent reduction in GHG emissions implemented immediately and maintained strictly: 0.687°C. BTW Here's why the biden admin can't manage the Afghan withdraw with the least bit of competence:Whatever one believes about climate issues, a reduction in U.S. fossil-fuel production will yield an offsetting increase in production by non-U.S. producers — no other outcome is plausible.When we observe the opponents of fossil fuels arguing for reduced U.S. production but increased output overseas, it is time to recognize that Bizarro World is not merely a comic-book construct.