We welcome potential revisions to merger guidelines, but we want to stress that there are significant benefits to scale and scope of firm activity. In the last decade, these scale and scope economies have become more prevalent and have led to increased competition — in part by supporting new entry — increased consumer choice, and increased innovation. Hopefully, any new guidelines will expand on how mergers can support such effects and the agency’s analysis and evaluation of such effects. We urge any revision to abandon a “big is bad” approach and the incorporation of political decision making into business decisions and antitrust enforcement.

Select Publication Type