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The limitations of the antitrust laws in blocking large corporate mergers and proposes model conglomerate merger legislation to prevent significant increases in corporate political power and other forms of non-economic power caused by the largest mergers. The proposed legislation would target every merger that exceeds clearly specified asset thresholds. The document undertakes a legal, economic, and political analysis of conglomerate merger legislation.
Typology: Essays (university)
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*Author Lande is Venable Professor of Law, University of Baltimore School of Law. Author Vaheesan is Legal Director at the Open Markets Institute. The authors are grateful to Neil W. Averitt, Matthew Buck, Henry F. Carey, Kenneth M. Davidson, Albert A. Foer, Diana Moss, and Howard Marvel for extremely helpful comments and suggestions, and to Nicholas Jordan and Jonathan Gross for excellent research assistance. All of the opinions expressed in this Article should be attributed only to the authors.
and the Antitrust Laws , 73 COLUM. L. REV. 555, 570 (1973) (“But the antitrust laws, including section 7, have since their beginnings been directed towards an even more fundamental objective: the prevention of the destruction or erosion of the competitive system, a form economic organization in which economic power in any form should not be permitted to limit the freedom of equally efficient smaller entrepreneurs to compete, on fair and equal terms, with larger firms or groupings of firms; and the avoidance of the political consequences of such an impairment of the traditional system.”).