by Isaac Weingram*
Is the “efficiencies” defense to an antitrust claim a practical option for defendants in merger cases, and, if so, are courts well equipped to successfully evaluate its merits? Isaac Weingram (’17) examines this question, presented by the 2016 Global Antitrust Institute Invitational, held at George Mason University. The efficiencies defense provides that, to rebut the concern that the anti-competitive effects of a merger would harm consumers, companies may show that reductions in production costs or gains in innovation from a merger will ultimately benefit consumers in the form of lower prices or higher quality goods and services. This Contribution argues that, first, though several Circuit Courts of Appeals have signaled an openness to hearing the efficiencies defense, challenges associated with meeting its demanding standard renders the defense an impractical option for merger defendants; second, even if it were a viable practical option, courts are unlikely to accurately calculate and evaluate the efficiency gains at the center of the defense.