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Expert Analysis

St. Luke's: A Major Step Back In Merger Efficiencies

Law360, New York ( April 15, 2015, 10:23 AM EDT) -- One of the most puzzling aspects of merger analysis and litigation is the treatment of efficiencies. Although for decades the antitrust enforcers have acknowledged the "primary benefit of mergers to the economy is their potential to generate [] efficiencies,"[1] the agencies rarely approve a merger based on likely efficiencies, and the courts have difficulty grappling with the role of efficiencies. . . .

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