Abstract: | This paper focuses on the antitrust decision-making process as it pertains to anti-merger policy as a special case of the more general two-act decision problem. We employ the Analytic Hierarchy Process to analyze some prominent antitrust merger decision. The analysis suggests that the courts have failed to give potential competition its due when it acts to dampen any alleged market power accruing to the market leader, which in turn suggests that the defendants would be well advised to reorient the weight that they give to potential competition in designing their defense. |