The Framework of the 2010 Horizontal Merger Guidelines

The two principal reasons that the 1992 Horizontal Merger Guidelines achieved longevity, judicial acceptance, and international imitation were: (1) for the most part, it asked the right questions; and (2) it provided a structured framework in which to ask those questions.  If those attributes of the 1992 Guidelines are viewed as evaluative criteria against which to judge any revisions, the 2010 Horizontal Merger Guidelines are a mixed bag.

The revised Guidelines eviden