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Is 5-to-4 the New 4-to-3? A View from the United States

Nicholas Hill, Keith Waehrer
Competition Law & Policy Debate
July 2019
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There are a number of ways that merger enforcement in the United States could become more aggressive in the near future. Such a shift may result from a tightening of the structural presumption, a lowering of de facto litigation thresholds by federal agencies, or simply a shift in economic conditions. In this article, Partners Nicholas Hill and Keith Waehrer examine the current environment and variables that could influence such a shift.

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