Hastings Law Journal


Melissa Fallon


In light of recent mergers in the casino industry, this Note examines what the FTC considers before approving or challenging a proposed merger. Defining a relevant market, a necessary step for merger analysis under the FTC and DOJ Merger Guidelines, is particularly challenging in the context of the casino industry given the array of basic products offered by casinos, the potential for submarkets of unique consumers, and the various geographic markets in which casinos compete for customers. This Note explores the frustratingly inconclusive case law available for guidance in this area and suggests what the FTC might have considered before ultimately approving both the merger of MGM Mirage and Mandalay and the merger of Harrah's and Caesars Entertainment.

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