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Emergence and erosion of the structural paradigm

Contents

Place in the Framework

The structural paradigm treated market concentration as central evidence of likely competitive harm, while later doctrine and guidelines added more direct attention to effects, efficiencies, and entry.

Core Questions

  • Why did courts and enforcers rely heavily on market structure?
  • What assumptions linked concentration to competitive harm?
  • How did later doctrine erode or qualify structural presumptions?

Working Notes

Add notes here on the historical development of merger enforcement, structural presumptions, and changes in judicial and agency approaches.