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Yes, let's penalize entities for pre-crime. What could possibly be wrong with that? /s
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Prosecutable anticompetitive behavior doesn't require success or not. Antitrust law forbids "attempted monopolization" doesn't matter if the monopolist succeeds or not. Its about intent and systemic harm, and slash and burn tactics does often run afoul of antitrust laws. Its structural risk to the market, not precrime.

The FTC's role is to block mergers where the effect "may be substantially to lessen competition, or tend to create a monopoly." Merger review by design is predictive.

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