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Standards of proofs in sequential merger control procedures

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Abstract

We model merger control procedures as a process of sequential acquisition of information in which mergers can be cleared after a ?first phase of investigation. We fi?nd that the enforceability of clearance decisions at the end of the fi?rst phase is unattractive to the extent that it prevents the authorities to use their expectations as to whether evidence gathered in the fi?rst phase will be confi?rmed in the second phase. This deprives the ?first phase of its potential as an effective screening mechanism. We also fi?nd that when clearance decisions in the fi?rst phase are enforceable, a different (higher) standard in the fi?rst phase is only desirable when Phase I decisions are captured by merging parties (as opposed to complainants).

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  • Gregor Langus & Vilen Lipatovz & Damien Neven, 2018. "Standards of proofs in sequential merger control procedures," IHEID Working Papers 05-2018, Economics Section, The Graduate Institute of International Studies.
    • Handle: RePEc:gii:giihei:heidwp05-2018
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    1. William E. Kovacic & Petros C. Mavroidis & Damien J. Neven, 2014. "Merger control procedures and institutions: A comparison of the EU and US practice," IHEID Working Papers 01-2014, Economics Section, The Graduate Institute of International Studies.
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    More about this item

    Keywords

    merger procedure; competition policy;

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General

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