The closest competitor is not the only competitor
By: Stephen Mohr, Bureau of Competition | Dec 9, 2019 2:06PM
More and more, merging parties argue that their merger does not raise competition concerns because they are not each other’s closest competitors. Parties have advanced this argument even in markets where there will be only two or three remaining firms post-transaction, including the merged firm. This argument is not new, and it often misunderstands merger analysis.
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