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ABA: Merger guidelines should reflect current practice

Posted on November 10, 2009 4:00 PM
Antitrust lawyers say it's high time the government raised its official threshold for determining whether concentration in a market is harming competition. The current thresholds contained in the federal merger guidelines are too low and don't reflect agency practice, the American Bar Association insists.

The ABA's antitrust section on Monday called on the Federal Trade Commission and the Department of Justice to raise the Herfindahl-Hirschman Index thresholds in the agencies' guidelines "to reflect more accurately agency practice."

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