The role of economic analyses in preparing for the first 30 days of a merger review

February 25, 2019

The 2010 Department of Justice/Federal Trade Commission Horizontal Merger Guidelines describe the types of analyses that the agencies would find informative, persuasive, or even dispositive, during a merger review and offer a very good map of the analyses that might be helpful to the parties’ efforts before the agencies. In any given merger review, however, those efforts are often constrained by the lack of some combination of time, budget, or data and information. Such constraints limit the scope of the analysis that an economic expert can pursue and create the need to focus on and prioritize a more limited key set of analyses. Joanna Tsai shares her thoughts on identifying this key set of analyses to ensure that in any given case, the process is as smooth and informed as possible.