Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

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Wednesday, August 12, 2009

When Should States Challenge Mergers: A Proposed Federal/State Balance

Posted by D. Daniel Sokol

Bob Lande (Baltimore Law) analyzes When Should States Challenge Mergers: A Proposed Federal/State Balance.

ABSTRACT: This article critically analyzes the current system of United States merger enforcement, under which both federal and State antitrust enforcers scrutinizes and potentially can challenge any merger that affects interstate commerce. This article develops and proposes an alternative, a voluntary division of responsibility patterned after the European Union's approach. Under this alternative federal enforcers normally would defer to State enforcers for certain specified mergers, and State enforcers normally would defer to federal enforcers for other specified mergers.

http://lawprofessors.typepad.com/antitrustprof_blog/2009/08/when-should-states-challenge-mergers-a-proposed-federalstate-balance.html

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