Should Price Modeling Remain in the Merger Guidelines?

The 2022 revision of the Merger Guidelines is likely to introduce a number of controversial changes; this paper focuses on one potential change, the elimination or marginalization of price modeling in merger analysis. Recognized as useful in the 2010 Guidelines, these models have been applied, with mixed results in a number of recent litigations. However, the analytical disconnect, between using these static models to predict price and innovation being the driving force of product differentiatio