Wednesday, March 21, 2007

How Will the Merger be Judged?

Both the FCC and the DOJ will evaluate the merger using the guidelines below. If you read the EchoStar/DirecTv merger attempt, the FCC analysis read like a playbook from these guidelines. Follow the links and judge for yourself how this merger will be perceived:

Table of Contents - Horizontal Merger Guidelines
U.S. Department of Justice and the Federal Trade Commission



O. Purpose, Underlying Policy Assumptions,and Overview
0.1 Purpose and Underlying Policy Assumptions of the Guidelines
0.2 Overview

1. Market Definition, Measurement and Concentration
1.0 Overview
1.1 Product Market Definition
1.2 Geographic Market Definition
1.3 Identification of Firms That Participate in the Relevant Market
1.4 Calculating Market Shares
1.5 Concentration and Market Shares

2. The Potential Adverse Competitive Effects of Mergers
2.0 Overview
2.1 Lessening of Competition Through Coordinated Interaction
2.2 Lessening of Competition Through Unilateral Effects

3. Entry Analysis
3.0 Overview
3.1 Entry Alternatives
3.2 Timeliness of Entry
3.3 Likelihood of Entry
3.4 Sufficiency of Entry

4. Efficiencies (Revised: April 8, 1997)

5. Failure and Exiting Assets
5.0 Overview
5.1 Failing Firm
5.2 Failing Division



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