Wednesday, April 20, 2022

Assessing EU Merger Control through Compensating Efficiencies

Assessing EU Merger Control through Compensating Efficiencies

 

 

Pauline Affeldt

German Institute for Economic Research (DIW Berlin); Technische Universität Berlin (TU Berlin)

Tomaso Duso

German Institute for Economic Research (DIW Berlin); TU Berlin- Faculty of Economics and Management - Empirical Industrial Organization; Centre for Economic Policy Research (CEPR)

Klaus Gugler

Vienna University of Economics and Business

Joanna Piechucka

German Institute for Economic Research (DIW Berlin)

 

Abstract

Worldwide, the overwhelming majority of large horizontal mergers are cleared by antitrust authorities unconditionally. The presumption seems to be that efficiencies from these mergers are sizeable. We calculate the compensating efficiencies that would prevent a merger from harming consumers for 1,014 mergers affecting 12,325 antitrust markets scrutinized by the European Commission between 1990 and 2018. Compensating efficiencies seem too large to be achievable for many mergers. Barriers to entry and the number of firms active in the market are the most important factors determining their size. We highlight concerns about the Commission’s merger enforcement being too lax.

https://lawprofessors.typepad.com/antitrustprof_blog/2022/04/assessing-eu-merger-control-through-compensating-efficiencies.html

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