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US Merger Guidelines. Does the merger significantly increase competition? Source: Mergers, Acquisitions And Corporate Restructurings by Patrick A. Gaughan , John Wiley & Sons, 2002. US Merger Guidelines. Does the merger significantly increase competition?

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us merger guidelines
US Merger Guidelines
  • Does the merger significantly increase competition?

Source: Mergers, Acquisitions And Corporate Restructurings by PatrickA. Gaughan, John Wiley & Sons, 2002.

us merger guidelines1
US Merger Guidelines
  • Does the merger significantly increase competition?
  • What are the potential anticompetitive effects.
us merger guidelines2
US Merger Guidelines
  • Does the merger significantly increase competition?
  • What are the potential anticompetitive effects.
  • Could an anticompetitive situation be mitigated by new entrants?
us merger guidelines3
US Merger Guidelines
  • Does the merger significantly increase competition?
  • What are the potential anticompetitive effects.
  • Could an anticompetitive situation be mitigated by new entrants?
  • Are there any offsetting efficiency gains that might mitigate anticompetitive effects?
us merger guidelines4
US Merger Guidelines
  • Does the merger significantly increase competition?
  • What are the potential anticompetitive effects.
  • Could an anticompetitive situation be mitigated by new entrants?
  • Are there any offsetting efficiency gains that might mitigate anticompetitive effects?
  • Would either party fail or exit the market if the transaction does not occur?
hsr filing requirements
HSR Filing Requirements
  • The size of the transaction is $200 million or more OR
  • The size of the transaction is at least $50 million AND one party has sales or assets of $100 million or more AND the other party has sales or assets of $10 million or more.
  • Government’s initial review period is 30 calendar days extendable for an additional 30 calendar days.
hhi formula
HHI Formula

The Herfindahl-Hirschman Index (HHI) is a concentration measure based on the market shares of all firms in the industry. It is simply the sum of the squares of market shares of each firm in the industry.