Merger enforcement today relies on settlements more than litigation to resolve anti-competitive concerns. The impact of settlement policy on welfare and the proper goals of settlement policy are highly controversial. Some argue that gun-shy agencies settle for too little while others argue that...

This paper looks at whether the standard unilateral effects model can be applied to non-price competition parameters such as innovation. This question arises because competition authorities are intervening in horizontal mergers that are found to give rise to a “significant impediment to...

Apparently financial supervision is the optimal solution to regulate 'too big to fail banks' in spite of some problems that may undermine its effectiveness. Having that said, the aim of this article is to deal with the issue whether the EU merger control regime can be successfully employed to...

Antitrust populists increasingly call on the government to “break up big tech.” But antitrust enforcers would face heavy evidentiary burdens if they sought to break a company up on the premise that a long-consummated merger was unlawful from the outset and should have been blocked years ago....

We have revised our earlier listing of vertical merger enforcement actions by the Department of Justice and Federal Trade Commission since 1994. This revised listing includes 66 vertical matters beginning in 1994 through April 2020. It includes challenges and certain proposed transactions that...

Der Deal der beiden größten deutschen Energielieferanten RWE und E.ON zum Tausch verschiedener Geschäftseinheiten, welcher Mitte September 2019 genehmigt wurde, wird den deutschen Energiemarkt wesentlich umstrukturieren und sowohl im Bereich Erzeugung als auch im Vertrieb zu jeweils einem...

The acquisitions notified by the Chinese state-owned enterprises (SOEs) under EU merger control regime have raised a number of questions as to the suitability of the current merger control rules and standards applied by the EU Commission for the ex ante assessment of the likely impact of such...

The growth of Internet access enabled the creation of functions (e.g., e-commerce and search) that were initially convenient but which a small number of firms used to achieve winner-takes-all, through the application of ICTs, network externalities and two-sided markets. They turned themselves...

The institutional design of federal merger review in the United States leads to systematic underenforcement of merger law. This is so even though substantive merger law is relatively well settled, most mergers are not anticompetitive, and the review process properly permits them to proceed...

As of October 2011, Ecuador became a jurisdiction where merger control review and prior authorization is required prior to a change in control. The Organic Law for the Regulation and Control of Market Power (“the Law”) was enacted in October 2011, implementing the first domestic competition...