Antitrust & Competition Policy Blog

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

Tuesday, November 15, 2011

Dynamic Competition and Current Merger Policy: A Panel Discussion

Posted by D. Daniel Sokol

The Henry G. Manne Program in Law & Economics Studies presents A Panel Discussion on Dynamic Competition and Current Merger Policy to be held at George Mason University School of Law, Wednesday, December 14, 2011. The conference will run from 8:30 A.M. to 12:00 P.M.

Click Here to Register for this Program


Traditional merger analysis focuses on the degree to which a combination of producers is likely to lessen competition on price, output, and quality.  The relationship between short-run market performance and innovation, however, is uncertain.  In “Schumpeterian” competition, markets may be characterized by high degrees of concentration, but competition is still vibrant as firms jockey to displace the market leader through innovation.  Thus, placing too much emphasis on short-run indicia of competition in dynamic industries may harm consumers in the long run.  Recent high-profile mergers in rapidly evolving industries have brought the potential conflicts between the goals of promoting short-run competition and innovation into relief.

On December 14th, the Law & Economics Center at George Mason University School of Law will host a half-day symposium entitled: “Dynamic Competition and Current Merger Policy.”   This program will examine topics such as:

  • What do we know about the relationship between short-run competition and innovation?
  • To what extent do agencies account for dynamic considerations in merger analysis?
  • Do the 2010 Merger Guidelines mark an improvement in incorporating dynamic considerations?
  • What should the agencies count as efficiencies?
  • What weight should dynamic efficiencies be given in merger analysis?


8:00-8:30am                Breakfast

8:30-10:00am              Panel 1:  Dynamic Concerns in Competitive Effects Analysis

Moderator:       James Cooper, Law & Economics Center

Howard Shelanksi, Georgetown University Law Center

D. Bruce Hoffman, Hunton & Williams LLP

Gregory J. Werden, U.S. Department of Justice

Alden Abbot, Federal Trade Commission

10-10:15am                 Break

10:15 – 11:45  am       Panel 2: Dynamic Efficiencies & Merger Analysis

Moderator:       Jonathan Baker, American University School of Law

Joshua D. Wright, George Mason University School of Law

Hugh M. Hollman, Jones Day

Michael Mandel, Progressive Policy Institute

Robert A. Lipstein, Crowell & Moring LLP

11:45am                      Adjourn


George Mason University School of Law
3301 Fairfax Drive
Arlington, VA 22201

The Henry G. Manne Program in Law & Economics honors the legacy of Henry G. Manne, Dean Emeritus of George Mason Law School and founder of the Law & Economics Center. Manne was a trailblazer in the development of law and economics, not only as a prominent and influential scholar, but also as an academic entrepreneur. He spurred the development of law and economics into the most influential area of legal scholarship through his Economics Institutes for Law Professors and Law Institutes for Economics Professors. The Manne Program promotes law-and-economics scholarship by funding faculty research and hosting research roundtables and academic conferences.

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