RESPONDING TO DEVELOPMENTS IN ECONOMICS AND THE COURTS: ENTRY IN THE MERGER GUIDELINES

The 1982 Merger Guidelines,1 the anniversary of which this symposium celebrates, were preceded by Merger Guidelines issued in 1968 by Assistant Attorney General Donald Turner.2 Robert A. Hammond, who worked on the 1968 Guidelines at the Antitrust Division,3 once told me that the Justice Department drafting team thought about every major relevant Supreme Court antitrust decision and made sure that they could point to a sentence that encapsulated its holding. My immediate reaction, only partly facetious, was that if we were doing anything similar in drafting the 1992 Merger Guidelines,4 which I worked on while at the Antitrust