Procompetitive efficiencies
Contents
Place in the Framework
Efficiencies rebut or offset competitive harm when they are merger-specific, verifiable, and likely to benefit competition or consumers.
Core Questions
- Are the claimed efficiencies merger-specific?
- Are they verifiable rather than speculative?
- Are they large and timely enough to offset likely harm?
Working Notes
Add notes here on cognizable efficiencies, pass-through, innovation efficiencies, cost savings, and judicial skepticism.