ation and other factors that characterize the market, raises concern about potential adverse competitive effects. Third, the Agency assesses whether entry would be timely, likely and sufficient either to deter or to counteract the competitive effects of concern. Fourth, the Agency assesses any efficiency gains that reasonably cannot be achieved by the parties through other means. Finally the Agency assesses whether, but for the merger, either party to the transaction would be likely to fail, causing its assets to exit the market. The process of assessing market concentration, potential adverse competitive effects, entry, efficiency and failure is a tool that allows the Agency to answer the ultimate inquiry in merger analysis: whether the merger is likely to create or enhance market power or to facilitate its exercise. ConclusionNo one company or individual should have exclusive control of a commodity or service in a given market. Prosperity in the high-technology economy of the 21st Century will depend on strict enforcement against monopolies that lessen competition along with continued encouragement of innovation. The Department of Justice must continue to open markets and ensure that they are competitive for the benefit of American businesses and consumers....
