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The Quality Of Analysis Of Irish Merger Decisions

Author

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  • Paul K. Gorecki

Abstract

Patrick Massey raises serious concerns about the quality of analysis in the Irish Competition Authority's merger determinations. One of the five mergers reviewed could have been cleared, others perhaps prohibited. Suggestions are made for improving the merger control process. A careful examination of the concerns put forward by Massey finds that several of Massey's are incorrect, invalid, or confused, accepts that sometimes Massey's concerns reflect legitimate differences in view, and demonstrates that in the one case where Massey points out an error, this error did not materially change the finding in the relevant case. Notwithstanding this analysis, there is considerable merit in Massey's suggestion for an ex post merger review of the Competition Authority's determinations, but little merit in his proposal for third-party appeals to be included in the forthcoming revision of competition law in Ireland.

Suggested Citation

  • Paul K. Gorecki, 2014. "The Quality Of Analysis Of Irish Merger Decisions," Journal of Competition Law and Economics, Oxford University Press, vol. 10(2), pages 375-397.
  • Handle: RePEc:oup:jcomle:v:10:y:2014:i:2:p:375-397.
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    File URL: http://hdl.handle.net/10.1093/joclec/nhu003
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    Cited by:

    1. Nie, Pu-yan & Wang, Chan & Wen, Hong-xing, 2021. "Horizontal mergers under uniform resource constraints," Journal of Retailing and Consumer Services, Elsevier, vol. 63(C).

    More about this item

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • L12 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Monopoly; Monopolization Strategies
    • L13 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Oligopoly and Other Imperfect Markets
    • L41 - Industrial Organization - - Antitrust Issues and Policies - - - Monopolization; Horizontal Anticompetitive Practices

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