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Efficiency defence and merger remedies are key components in most merger control regimes. Although in many jurisdictions both the provision of efficiency-related evidence and remedy offers are at the merging firms' discretion, most previous works have only analysed them separately. This paper is...
Persistent link: https://www.econbiz.de/10013087205
China's merger enforcement agency approved the Google/Motorola merger with conditions. This pattern of approval is not in full accordance with that in other jurisdictions, including the United States and the European Union, which made unconditional approvals. This contradiction attracted ample...
Persistent link: https://www.econbiz.de/10012963117
This article looks at the distribution of two EC merger procedural events and examines the effect of the indefinite-length suspension of merger investigations. Although the ECMR refers to the suspension of investigations as an exceptional instrument, it is used in a high proportion of cases. As...
Persistent link: https://www.econbiz.de/10013155080
An important component of corporate governance is the regulation of significant transactions – mergers, acquisitions, and restructuring. This paper (a chapter in Oxford Handbook on Corporate Law and Governance, forthcoming) reviews how M&A and restructuring are regulated by corporate and...
Persistent link: https://www.econbiz.de/10013051345
The rise of unilateral effects analysis, as quantified by merger simulation, creates the potential to balance anticompetitive effects and efficiencies and improve the merger review process. Unfortunately, sophisticated economic models impose a tight structure on the analytical process, one that...
Persistent link: https://www.econbiz.de/10013289091
The 2010 revision of the Merger Guidelines highlighted the importance of both economic modeling of the post-merger competitive process and effects evidence, defined as information able to predict the transaction’s likely competitive effect. With sufficient data, it is possible to see how...
Persistent link: https://www.econbiz.de/10013295872
This article proposes an empirical method for finding the determinants of the size of remedy offers relative to the level required by the European Commission in individual cases. Evidence is presented that merger characteristics, such as the size of the transaction, or the number of horizontal...
Persistent link: https://www.econbiz.de/10013150098
We discuss a subset of vertical mergers, where the exercise of market power and the efficiencies enabled by a vertical merger reduce rivals’ profits, making rivals’ exit a potentially serious concern. Rivals’ exit can fundamentally alter the welfare analysis of vertical mergers due to the...
Persistent link: https://www.econbiz.de/10014255506
Within the last three years, Google has acquired YouTube and DoubleClick and has attempted to control part of Yahoo!'s search advertising business. Two of the deals have not raised antitrust concerns by competition authorities. I review these deals with a focus on consumer welfare. Consumers are...
Persistent link: https://www.econbiz.de/10010298703
We demonstrate that the popular Farrell-Shapiro-framework (FSF) for the analysis of mergers in oligopolies relies regarding its policy conclusions sensitively on the assumption that rational agents will only propose privately profitable mergers. If this assumption held, a positive external...
Persistent link: https://www.econbiz.de/10010321686