University of Connecticut School of Law
Horizontal Merger Guidelines Review Project
As the Federal Trade Commission and Department of Justice conduct their Horizontal Merger Guidelines Review Project, it is important to not only critique the substance of the horizontal merger guidelines as statements of enforcement policy, but also to consider their influence upon the development of the law itself. The attached article, Guideline Institutionalization: The Role of Merger Guidelines in Antitrust Discourse, analyzes the influence of the merger guidelines on judicial rulings from 1969 to 2003. Through a combination of case studies and basic quantitative measures, I trace the increased influence of the guidelines and attribute that influence to their "institutionalization."