Remedies are a critical part of merger enforcement and policy. Despite this, current policy on merger remedies lacks coherence and certain features work against the broader goal of vigorous merger enforcement that promotes competition and protects consumers. This article explains why merger remedies, especially divestitures, are in disarray. This is supported by growing evidence of failed divestitures; the unintended consequences of “litigating the fix;” a track record of experienced buyers; the unintended consequences of “litigating the fix;” a track record of experienced buyers; and new concerns around private equity buyers and buyers with past records of antitrust violations. The article closes with a number of recommendations on updating and strengthening remedies policy.
