Conflicting criteria put forth by Congress and the Justice Department have caused confusion among the bank regulatory agencies and within the banking idustry with respect to two important issues: (1) whether the antitrust laws should be applied to bank mergers within the vacuum of Justice Department analysis or whether there should be a greater emphasis on agency participation in reviewing proposed mergers, and (2) whether commercial banking should continue as the relevant line of commerce when antitrust standards are applied.
Bank Mergers: Agency Review and the Changing Line of Commerce,
11 Fordham Urb. L.J. 307
Available at: http://ir.lawnet.fordham.edu/ulj/vol11/iss2/5