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Empirical Analysis of Merger Enforcement Under the 1992 Merger Guidelines

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  • Malcolm Coate

Abstract

This paper presents an analysis of merger enforcement at the Federal Trade Commission under the 1992 Merger Guidelines. The econometric analysis suggests that enforcement decisions are best predicted with the Herfindahl index when the relevant theory is collusion and the number of significant rivals when the relevant theory is unilateral effects. Evidence such as “hot” documents, customer complaints, and historical events suggestive of past competitive problems also increase the chance of a challenge. Mirror image considerations suggestive of continued post-merger competition (“cold” documents, customer support, and procompetitive events) reduce the probability of challenge in one specification. Copyright Springer 2005

Suggested Citation

  • Malcolm Coate, 2005. "Empirical Analysis of Merger Enforcement Under the 1992 Merger Guidelines," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 27(4), pages 279-301, December.
    • Handle: RePEc:kap:revind:v:27:y:2005:i:4:p:279-301
    DOI: 10.1007/s11151-005-5712-0
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    Citations

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    Cited by:

    1. Sunel Grimbeek & Steve Koch & Richard Grimbeek, 2013. "The Consistency of Merger Decisions at the South African Competition Commission," South African Journal of Economics, Economic Society of South Africa, vol. 81(4), pages 561-580, December.
    2. Richard J. Grimbeek & Sunel Grimbeek & Steven F. Koch, 2011. "The Consistency of Merger Decisions in a Developing Country: The South African Competition Commission," Working Papers 201117, University of Pretoria, Department of Economics.
    3. Qing Yang & Michael Pickford, 2014. "The Merger Clearance Decision Process in New Zealand: Application of a New Two-Stage Probit Model," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 44(3), pages 299-325, May.
    4. Luke Garrod & Bruce Lyons, 2016. "Early Settlement in European Merger Control," Journal of Industrial Economics, Wiley Blackwell, vol. 64(1), pages 27-63, March.
    5. Joseph A. Clougherty & Jo Seldeslachts, 2013. "The Deterrence Effects of US Merger Policy Instruments," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 29(5), pages 1114-1144, October.
    6. Malcolm B. Coate, 2013. "Unilateral Effects in Merger Analysis: Models, Merits, and Merger Policy," International Journal of the Economics of Business, Taylor & Francis Journals, vol. 20(2), pages 145-162, July.
    7. Davies, Stephen & Olczak, Matthew & Coles, Heather, 2011. "Tacit collusion, firm asymmetries and numbers: Evidence from EC merger cases," International Journal of Industrial Organization, Elsevier, vol. 29(2), pages 221-231, March.
    8. Malcolm Coate & Shawn Ulrick, 2009. "Do Court Decisions Drive the Federal Trade Commission’s Enforcement Policy on Merger Settlements?," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 34(2), pages 99-114, March.
    9. Coate Malcolm B., 2008. "Theory Meets Practice: Barriers to Entry in Merger Analysis," Review of Law & Economics, De Gruyter, vol. 4(1), pages 183-212, June.
    10. Stephen Davies & Matthew Olczak & Heather Coles, 2007. "Tacit collusion, firm asymmetries and numbers: evidence from EC merger cases," Working Paper series, University of East Anglia, Centre for Competition Policy (CCP) 2007-07, Centre for Competition Policy, University of East Anglia, Norwich, UK..
    11. Corchón, Luis C. & Zudenkova, Galina, 2009. "Computing welfare losses from data under imperfect competition with heterogeneous goods," International Journal of Industrial Organization, Elsevier, vol. 27(6), pages 646-654, November.
    12. Diego S. Cardoso & Mariusa M. Pitelli & Adelson M. Figueiredo, 2021. "An Econometric Analysis of the Brazilian Merger Policy," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 59(1), pages 103-132, August.
    13. Prince M. Changole & Willem H. Boshoff, 2022. "Non-competition Goals and Their Impact on South African Merger Control: An Empirical Analysis," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 60(3), pages 361-401, May.

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