Jordi Gual, Apr 19, 2007
This paper provides a critical analysis of some of the key features of merger policy as understood and practiced in leading jurisdictions such as the European Community and the United States. It focuses first on a discussion of the gradual move of merger policy towards the examination of unilateral effects. The critical appraisal of this process is based on the practical and theoretical shortcomings of the economic models that underlie the growing prominence of unilateral effects as the key anticompetitive factor arising from a proposed merger. The paper stresses that even if unilateral effects were to lead to an increase in the conventional measures of anticompetitive performance (such as markups), it is not clear that this implies less competitive behavior for many of the most relevant industries in today´s advanced economies. Finally, the paper also examines the relation between competition and welfare, and argues that even if competition does indeed diminish due to a merger, it is not a straightforward conclusion that this is not good in terms of economic welfare when the incentives to innovate and the dynamic welfare gains that arise from new products and production processes are taken fully into consideration.
Featured News
Europe Moves to Clarify What Counts as Personal Data
Dec 22, 2025 by
CPI
Larry Ellison Offers $40 Billion Guarantee as Paramount Renews Bid for Warner Bros
Dec 22, 2025 by
CPI
Google Sues Texas Firm Over Alleged Massive Scraping of Search Data
Dec 22, 2025 by
CPI
Italy Fines Apple Nearly 100 Million Euros Over App Store Practices
Dec 22, 2025 by
CPI
Mexico Antitrust Review Looms Over Viva Aerobus–Volaris Tie-Up
Dec 22, 2025 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – CRESSE Insights
Dec 16, 2025 by
CPI
Learning from Divergence: The Role of Cross-Country Comparisons in the Evaluation of the DMA
Dec 16, 2025 by
Federico Bruni
New Regulatory Tools for the EU Foreign Direct Investment Screening and Foreign Subsidies Regulation
Dec 16, 2025 by
Ioannis Kokkoris
“Suite Dreams”: Market Definition and Complementarity in the Digital Age
Dec 16, 2025 by
Romain Bizet & Matteo Foschi
The Interaction Between Competition Policy and Consumer Protection: Institutional Design, Behavioral Insights, and Emerging Challenges in Digital Markets
Dec 16, 2025 by
Alessandra Tonazzi