List the factors courts have traditionally examined in order to gauge a merger's impact on competition

Question

What will be an ideal response?

Answer 1

The courts have traditionally gauged a merger's impact on competition by examining factors such as:
a. Market foreclosure, resulting from the merger of a customer and its supplier, so that competing customers may be foreclosed from the market if the supplier's goods are in demand and that demand exceeds supply;
b. Potential elimination of competition from a market if two competing firms merge;
c. Entrenchment of a smaller firm in a market if a large firm with "deep pockets" acquires it and supplies the capital the small firm needs to eliminate competition;
d. Trends in the market revealing a high rate of concentration, as measured by percentage of the market that the leading four to six competitors in an industry have; and
e. Post-merger evidence revealing anticompetitive effects on a market.