The importance of economics to the analysis and enforcement of competition policy and law has increased tremendously in the developed market economies in the past forty years. In younger and developing market economies, competition law itself has a history of twenty to twenty-five years at most...

Mit der Umsetzung der 7. Novelle des Gesetzes gegen Wettbewerbsbeschränkungen (GWB) wurde im Jahr 2005 die Ausnahmeregelung des sog. Ministerkartells nach § 8 GWB ersatzlos gestrichen. Ähnlich dem noch bestehenden Instrument der Ministererlaubnis für Fusionen nach § 42 GWB konnte bis dahin...

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....

Most mergers filed at the enforcement agencies are conglomerate in nature with only minor horizontal overlaps. An enforcement agency may challenge the merger, if any overlap is believed to be adversely affected by the transaction. While the merging firm is entitled to a hearing in federal court,...

Since August 2008, when China’s Anti-Monopoly Law became effective, its Ministry of Commerce has reviewed over 450 notified transactions and issued over a dozen decisions. This paper summarizes the merger control regime created under the AML and its implementing regulations. It analyzes the...

Since August 2008, when China’s Anti-Monopoly Law became effective, its Ministry of Commerce has reviewed over 450 notified transactions and issued over a dozen decisions. These decisions, plus the unconditional clearance of several transactions, reveal MOFCOM’s rapidly growing...

This is a survey of the economic principles that underlie antitrust law and how those principles relate to competition policy. We address four core subject areas: market power, collusion, mergers between competitors, and monopolization. In each area, we select the most relevant portions of...

The establishment of independent authorities for monetary policy and for competition policy was part of the institutional consensus of the Great Moderation. The paper contrasts how policy has operated in the two spheres, especially as regards the role of law. It then discusses the application of...

The Merger Guidelines released in March 2008 by the Australian Competition and Consumer Commission (ACCC) provide a guide to the analytical approach the ACCC intends to adopt to assessing mergers for the purposes of s.50 of the Trade Practices Act. The new Guidelines do a relatively good job in...

Using a sample of 167 mergers during the period 1990-2002 involving 544 firms either as merging firms or competitors, we contrast a measure of the merger's profitability based on event studies with one based on accounting data. We find positive and significant correlations between them when...