As a predictor of post-merger price competition, “willingness to pay” is a potentially powerful tool that federal antitrust agencies are increasingly relying on when assessing proposed hospital mergers. The agencies’ increasing reliance on the technique means that a thorough understanding of it is essential for attorneys involved in hospital merger transactions.
Pivotality: A sound new theory of harm in horizontal mergers?
In its review of the Novelist/Aleris merger, the European Commission relied upon a novel pivotality theory of harm, where pivotality indicates that competitors...