Merger Policy in the E-conomy

Merger Policy in the E-conomy
Author: Andreas Seip
Publisher: GRIN Verlag
Total Pages: 98
Release: 2012-08-29
Genre: Political Science
ISBN: 3656982449

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Diploma Thesis from the year 2002 in the subject Business economics - Economic Policy, grade: 1, University of Strathclyde, language: English, abstract: This paper addresses the economic policy context surrounding the European merger regulation in high-tech industries. The rapidity of technological change raises questions as to the operation of the dynamic parameters underlying high-tech industries. While the identification of those parameters appears to be straightforward, the interpretation of the effects posed by the dynamics is rather controversial. On the one hand, it is argued that the very dynamics of high-tech industries create or strengthen dominant companies whereby consumers run the risk of adopting inefficient technologies. However, the present paper is to contest this reasoning since performance competition and the resultant Schumpeterian process of disequlibria makes a so-called lock-in unlikely. The second chapter is to identify the distinctive parameters of high-tech industries, whereby a contrasting analysis between the two dimensions of economic performance, establishes dynamic competition as best utilised to serve the furtherance of consumer welfare. The third chapter is to consider the implications of dynamic competition for current relevant market definition by discussing the deficiencies of current practice. Recent competitive developments appear to confirm a broad, intermarket and technologies-based competition among firms. The fourth chapter, therefore, seeks to propose analytical tools that are capable of evaluating the state of competition more accurately. To that end, the cornerstones of relevant market definition are redefined by including a performance based test, an enquiry into capability explanations and the setting of time frames to assess entry competition. The final chapter is to conclude that although Schumpeterian dynamic competition deals with the expectation of innovation, the proposed analysis is the more accurate approach to intermarket competition. The goal of this paper is to provide a pragmatic framework that assists merger analysis in evaluating the ongoing transformation of industrial organisation in the high-tech environment.

Innovation Matters

Innovation Matters
Author: Richard J. Gilbert
Publisher: MIT Press
Total Pages: 337
Release: 2020-07-14
Genre: Business & Economics
ISBN: 026235862X

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A proposal for moving from price-centric to innovation-centric competition policy, reviewing theory and available evidence on economic incentives for innovation. Competition policy and antitrust enforcement have traditionally focused on prices rather than innovation. Economic theory shows the ways that price competition benefits consumers, and courts, antitrust agencies, and economists have developed tools for the quantitative evaluation of price impacts. Antitrust law does not preclude interventions to encourage innovation, but over time the interpretation of the laws has raised obstacles to enforcement policies for innovation. In this book, economist Richard Gilbert proposes a shift from price-centric to innovation-centric competition policy. Antitrust enforcement should be concerned with protecting incentives for innovation and preserving opportunities for dynamic, rather than static, competition. In a high-technology economy, Gilbert argues, innovation matters.

Mergers in Perspective

Mergers in Perspective
Author: Yale Brozen
Publisher: A E I Press
Total Pages: 0
Release: 1982
Genre: Business & Economics
ISBN: 9780844734835

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Discusses the appropriateness of mergers such as acquisitions of Conoco and Marathon Oil Corporation and of their impact on the American economy. The author argues in favour of a natural government merger policy. He believes that mergers do not result in an excessive concentration of the American economy, that the present restrictive policy is at odds with that of the countries with which the U.S. competes, that mergers may allow American companies to become large enough to compete effectively in international trade and improve the management of poorly managed assets.

Mergers, Merger Control, and Remedies

Mergers, Merger Control, and Remedies
Author: John Kwoka
Publisher: MIT Press
Total Pages: 283
Release: 2015
Genre: Business & Economics
ISBN: 0262028484

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A comprehensive analysis of merger outcomes based on all empirical studies, with an assessment of the effectiveness of antitrust policy toward mergers. In recent decades, antitrust investigations and cases targeting mergers—including those involving Google, Ticketmaster, and much of the domestic airline industry—have reshaped industries and changed business practices profoundly. And yet there has been a relative dearth of detailed evaluations of the effects of mergers and the effectiveness of merger policy. In this book, John Kwoka, a noted authority on industrial organization, examines all reliable empirical studies of the effect of specific mergers and develops entirely new information about the policies and remedies of antitrust agencies regarding these mergers. Combined with data on outcomes, this policy information enables analysis of, and creates new insights into, mergers, merger policies, and the effectiveness of remedies in preventing anticompetitive outcomes. After an overview of mergers, merger policy, and a common approach to merger analysis, Kwoka offers a detailed analysis of the studied mergers, relevant policies, and chosen remedies. Kwoka finds, first and foremost, that most of the studied mergers resulted in competitive harm, usually in the form of higher product prices but also with respect to various non-price outcomes. Other important findings include the fact that joint ventures and code sharing arrangements do not result in such harm and that policies intended to remedy mergers—especially conduct remedies—are not generally effective in restraining price increases. The book's uniquely comprehensive analysis advances our understanding of merger decisions and policies, suggests policy improvements for competition agencies and remedies, and points the way to future research.

Competition Laws in Conflict

Competition Laws in Conflict
Author: Richard Allen Epstein
Publisher: American Enterprise Institute
Total Pages: 428
Release: 2004
Genre: Business & Economics
ISBN: 9780844742014

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Moreover, states have powerful incentives to permit domestic industries to exploit outsiders, or even to facilitate such practices. High-profile antitrust conflicts, from the prosecution of Microsoft in state, national, and international forums to the transatlantic disagreement over the European Union's merger policy, illustrate the difficulties. Possible solutions to these problems range from improved intergovernmental cooperation, to direct policy harmonization, to a new regime of "structured competition" in antitrust policy modeled on U.S. corporation law.

Big Data and Privacy in Merger Review - Competition Policy for the 21st Century Digital Economy

Big Data and Privacy in Merger Review - Competition Policy for the 21st Century Digital Economy
Author: Maria Wasastjerna
Publisher:
Total Pages:
Release: 2018
Genre:
ISBN:

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Big data is the hot buzzword across industries and data is playing an increasingly important role in how businesses compete on the markets. In the digital economy, big data represents a core economic asset that can create significant competitive advantage for companies. Although the collection and analysis of data by companies is not limited to consumer data, many aspects of big data are targeted specifically at consumers, their preferences and behavior. This collection and use of personal information raises privacy issues. To keep pace with these developments, competition authorities have started to make data and its implications for competition law a key focus. Competition issues associated with big data are an emerging agenda for the regulators around the world. Last year, French and German competition authorities published a joint study examining the interplay between data and competition law. The Organization for Economic Cooperation and Development (OECD) issued a paper in November 2016 on big data's implications for competition enforcement. The European Commission has also confirmed its interest in big data, in particular with regard to privacy issues and data as an asset. Most recently, the Commission's interest in data is reflected in the authority currently weighing possible changes to merger rules to better capture data-focused mergers.

Merger Policy for a Dynamic and Digital Canadian Economy

Merger Policy for a Dynamic and Digital Canadian Economy
Author: Keldon Bester
Publisher:
Total Pages: 0
Release: 2022
Genre:
ISBN:

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As an element of competition and antitrust law frameworks, merger policy plays an important role in preventing acquisitions that would otherwise allow incumbent firms to extinguish competitive threats and entrench their dominance. But evidence suggests that current approaches to merger law in Canada and abroad have underestimated the harms these transactions can pose to competition and overestimated the effectiveness of the remedies intended to mitigate those harms. Although relevant across the Canadian economy, this permissive treatment of mergers is particularly pronounced in digital markets, where platform business models, the importance of potential competitors and the role of intangible assets such as data as a barrier to entry test the assumptions underlying the country's merger law. Canada's current law and jurisprudence mean the Competition Bureau, Canada's sole competition authority, is limited in its ability to detect potentially harmful transactions, faces material barriers to intervening and fully remedying the harms of those transactions, and is unable to assess the outcome of previous action or inaction. This paper provides recommendations for Canada to ensure its merger law is calibrated for a modern economy.

Mergers and Merger Policy

Mergers and Merger Policy
Author: James Fairburn
Publisher: Oxford University Press, USA
Total Pages: 376
Release: 1989
Genre: Business & Economics
ISBN:

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A series of huge and bitterly contested takeover bids has recently focused public attention on the merger phenomenon. At the same time British merger policy, which has for long lacked clarity and bite, has been the subject of government review.