Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Saturday, December 6, 2008

FTC Issues New Update of Horizontal Merger Investigation Data Report

Posted by D. Daniel Sokol

The FTC has issued a new update of Horizontal Merger Investigation Data Report.

The new data contain tabulated concentration levels associated with the FTC’s investigations in 1,154 markets over the 12-year period and reflect results from 210 merger investigations. The data tabulations use the two market share concentration statistics described in the agency’s Horizontal Merger Guidelines – the post-merger Herfindahl-Hirschman Index (HHI) and the change in the HHI – along with the number of significant competitors. The number of “significant competitors” is defined relative to the competitive effects theory that was the most plausible basis for the investigation. Data on HHIs are available for 1,150 markets and data on “significant competitors” are presented for 925 markets.


For a subset of investigations – those with three or fewer markets – the FTC staff also retrieved information on whether or not Commission staff identified “hot documents” or “strong customer complaints”during the investigation. The staff tabulated the Commission’s enforcement decisions based on the presence or absence of these variables. Information for 198 markets is reviewed in the hot document tabulation, and data from 177 markets are tabulated in the strong customer complaint analysis.

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