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procedures for merger control. We describe the main constituencies (both internal and external) involved in merger control in … both jurisdictions and discuss how a typical merger case would be handled under these procedures. At each stage, we … informal, the balance in the investigation and evaluation of the merger being provided by the credible threat of a court …
Persistent link: https://www.econbiz.de/10010238374
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 … that raise significant competitive issues, and where the analysis of the merger's likely consequences turns on highly fact …
Persistent link: https://www.econbiz.de/10012772028
media content, including the AT&T-Time Warner and the Disney-Fox mergers. Using a theory-driven approach, we examine …, we address three research questions: (i) Is the current development of analyzing industry with its recent merger activity … merger control in this industry, as well as a more active abuse control against already vertically-integrated media companies. …
Persistent link: https://www.econbiz.de/10012011207
recently revised DOJ/FTC Horizontal Merger Guidelines contain such a change, as the document recognizes the importance of … that could support a very significant increase in the level of merger enforcement. However, we also show how this … DOJ’s expert economist to testify to a narrow market that virtually guaranteed that the merger would be found …
Persistent link: https://www.econbiz.de/10014039361
Although both in US antitrust and European competition law there is a clear evolution to a much broader application of "rule of reason" (instead of per-se rules), there is also an increasing awareness of the problems of a case-by-case approach. The "error costs approach" (minimizing the sum of...
Persistent link: https://www.econbiz.de/10003865832
I present the following proposal: information revealed during non-cartel investigations by competition law enforcement authorities, such as evaluation of M&As or investigation of monopolization (dominance) conduct, should be directly used to investigate and prosecute cartels. Currently, in...
Persistent link: https://www.econbiz.de/10009230908
account in merger policy. Although we can show in our study that in one third of all challenged mergers also innovation …
Persistent link: https://www.econbiz.de/10012972734
One of the most controversial aspects in the recently adopted U.S. horizontal merger guidelines has been the … leading competition authorities and will likely shape international consensus in merger review. It appears unlikely that this … approach will reduce analytical rigor in merger review and lead to more aggressive merger enforcement with an increased number …
Persistent link: https://www.econbiz.de/10013226404
times counterintuitive, relationships between specific administrations and merger review and enforcement activity. On a more … granular level, these data also demonstrate some trends regarding how merger review and enforcement statistics have been …
Persistent link: https://www.econbiz.de/10013228916
account in merger policy. Although we can show in our study that in one third of all challenged mergers also innovation …
Persistent link: https://www.econbiz.de/10010404134