In a recent interview on NPR’s All Things Considered, AAI’s Acting President Kathleen Bradish notes skepticism about the effectiveness of divestitures to protect competition in the proposed Kroger-Albertsons merger and highlights the evolving standards for merger scrutiny. From the interview:
“The history of divestitures in the past several years is not great. Over time, there has been some skepticism about how well divestitures work,” said Kathleen Bradish, acting president of the American Antitrust Institute, which advocates for tougher scrutiny of mergers. “The divestitures that were deemed acceptable in the past may not be acceptable [now].”