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Concentration Screens for Horizontal Mergers

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  • Volker Nocke
  • Michael D. Whinston

Abstract

Concentration-based screens for horizontal mergers, such as those employed in the US DOJ and FTC Horizontal Merger Guidelines, play a central role in merger analysis. However, the basis for these screens, in both form and level, remains unclear. We show that there is both a theoretical and an empirical basis for focusing solely on the change in the Herfindahl index, and ignoring its level, in screening mergers for whether their unilateral effects will harm consumers. We also argue, again both theoretically and empirically, that the levels at which the presumptions currently are set may be too lax, especially with regards to safe harbors.

Suggested Citation

  • Volker Nocke & Michael D. Whinston, 2020. "Concentration Screens for Horizontal Mergers," CRC TR 224 Discussion Paper Series crctr224_2020_190, University of Bonn and University of Mannheim, Germany.
    • Handle: RePEc:bon:boncrc:crctr224_2020_190
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    File URL: https://www.crctr224.de/research/discussion-papers/archive/dp190
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    References listed on IDEAS

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    1. Volker Nocke & Nicolas Schutz, 2018. "An Aggregative Games Approach to Merger Analysis in Multiproduct-Firm Oligopoly," CRC TR 224 Discussion Paper Series crctr224_2018_024, University of Bonn and University of Mannheim, Germany.
    2. Froeb, Luke M. & Werden, Gregory J., 1998. "A robust test for consumer welfare enhancing mergers among sellers of a homogeneous product," Economics Letters, Elsevier, vol. 58(3), pages 367-369, March.
    3. Farrell Joseph & Shapiro Carl, 2010. "Antitrust Evaluation of Horizontal Mergers: An Economic Alternative to Market Definition," The B.E. Journal of Theoretical Economics, De Gruyter, vol. 10(1), pages 1-41, March.
    4. Schmalensee, Richard, 1987. "Horizontal Merger Policy: Problems and Changes," Journal of Economic Perspectives, American Economic Association, vol. 1(2), pages 41-54, Fall.
    5. Werden, Gregory J, 1996. "A Robust Test for Consumer Welfare Enhancing Mergers among Sellers of Differentiated Products," Journal of Industrial Economics, Wiley Blackwell, vol. 44(4), pages 409-413, December.
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    Cited by:

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    2. Justin P. Johnson & Andrew Rhodes, 2021. "Multiproduct mergers and quality competition," RAND Journal of Economics, RAND Corporation, vol. 52(3), pages 633-661, September.
    3. Klaus Gugler & Florian Szücs, 2023. "Market Power and Regulation in Pharmaceutical Markets," Department of Economics Working Papers wuwp343, Vienna University of Economics and Business, Department of Economics.
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    7. Tommaso Valletti & Hans Zenger, 2021. "Mergers with Differentiated Products: Where Do We Stand?," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 58(1), pages 179-212, February.
    8. Dennis W. Carlton & Mark A. Israel, 2021. "Effects of the 2010 Horizontal Merger Guidelines on Merger Review: Based on Ten Years of Practical Experience," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 58(1), pages 213-234, February.
    9. Janina Kotlinska & Joanna Nucinska & Jacek Bednarz, 2021. "Education Financing: Explaining the Expenditure Concentration Gap between the State and Local Governments in Poland 2008-2019," European Research Studies Journal, European Research Studies Journal, vol. 0(2), pages 564-578.
    10. Craig T. Peters & Jeffrey M. Wilder, 2021. "Ten Years of the 2010 HMG: A Perspective from the Department of Justice," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 58(1), pages 13-31, February.
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    More about this item

    Keywords

    Horizontal Merger; Oligopoly; Herfindahl Index; Market Concentration; Market Power;
    All these keywords.

    JEL classification:

    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General
    • L13 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Oligopoly and Other Imperfect Markets
    • D43 - Microeconomics - - Market Structure, Pricing, and Design - - - Oligopoly and Other Forms of Market Imperfection

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