Faculty Journal Articles and Book Chapters

A Concise History of Corporate Mergers and the Antitrust Laws in the United States

C. Paul Rogers III., Southern Methodist University, Dedman School of Law


American merger control law today is governed primarily by regulators and not courts, focusing on consumer welfare and efficiency. This was not always the case though, and the author traces the development of this area of law from its nascent beginnings with the Sherman Act to the era of private enforcement witnessed today. As the Indian economy continues to expand, mergers and acquisitions have become frequent bringing with them difficult questions of anti-competitive behaviour. A study of the American experience, it is argued, would provide valuable insight in enforcing the rather untested anti-merger provisions in the Competition Act of India.