On March 17, 2022, WLF filed formal comments with the Department of Justice’s Antitrust Division and Federal Trade Commission urging them to follow the law when issuing new merger guidelines. Despite the Supreme Court’s prolific body of antitrust caselaw over the past five decades, the FTC and DOJ seek to ignore those decisions by legislating through guidelines. WLF’s comments explain why rapid innovation in digital markets cautions against antitrust enforcement in those markets. The comments also show that econometrics makes antitrust enforcement more precise. Finally, WLF counters the agencies’ suggestions that market definition is unnecessary for antitrust enforcement.

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WLF comments