Discussion in this Essay is designed to explore recently introduced efficiency considerations and to compare developing law in the United States and the European Union. The following sections discuss why incorporation of efficiency factors has been controversial, explore efficiency analysis in connection with mergers under U.S. law, explore comparable developments in EU law, and, finally, offer a comparison of developments in the two jurisdictions.
Efficiency Consideration and Merger Enforcement: Comparison of U.S. and EU Approaches,
30 Fordham Int'l L.J. 1413
Available at: http://ir.lawnet.fordham.edu/ilj/vol30/iss5/3