Does Merger Control Work? A Retrospective on U.S. Enforcement Actions and Merger Outcomes

@inproceedings{Kwoka2012DoesMC,
  title={Does Merger Control Work? A Retrospective on U.S. Enforcement Actions and Merger Outcomes},
  author={Jr. John E. Kwoka},
  year={2012}
}
The accuracy and efficacy of merger control are important questions that have long posed challenges for policy evaluation. The growing number of merger retrospectives provide an opportunity to conduct such an analysis since they measure the outcomes of actual mergers. This paper compiles all available merger retrospectives that meet scholarly criteria, resulting in 48 mergers with measured price outcomes. It supplements this data base with information about the actions taken by U.S. antitrust… 

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References

SHOWING 1-10 OF 48 REFERENCES
Behavioral Merger Remedies: Evaluation and Implications for Antitrust Enforcement
The 2011 Antitrust Division Policy Guide to Merger Remedies offers a more favorable view of behavioral remedies relative to structural divestitures than past U.S. Department of Justice (DOJ) policy
STUDIES OF THE PRICE EFFECTS OF HORIZONTAL MERGERS
been reviewed by, nor does it necessarily reflect the views of the Commission or any of its members. Louis Silvia for their helpful comments on earlier drafts. This report presents three case studies
Generating Evidence to Guide Merger Enforcement
The challenge of effective merger enforcement is tremendous. U.S. antitrust agencies must, by statute, quickly forecast the competitive effects of mergers that occur in virtually every sector of the
Reinvigorating Horizontal Merger Enforcement
Over the past forty years, there has been a remarkable transformation in horizontal merger enforcement in the United States. With no change in the underlying statute, the Clayton Act, there has been
Merger Retrospective Studies: A Review
The debate concerning whether the antitrust agencies under the Bush administration were lax with respect to merger review has led to a call to evaluate retrospectively the competitive effects of
Why We Need to Measure the Effect of Merger Policy and How to Do it
In this article, I explain the inadequacy of our current state of knowledge regarding the effectiveness of antitrust policy towards mergers. I then discuss the types of data that one must collect in
The Price Effects of Hospital Mergers: A Case Study of the Sutter-Summit Transaction
We conduct a retrospective study of the Sutter-Summit hospital merger to assess whether antitrust enforcement in this matter was appropriate. This consummated merger combined two hospitals located
The Price Effects of a Large Merger of Manufacturers: A Case Study of Maytag-Whirlpool
Many experts have speculated that U.S. antitrust policy towards horizontal mergers was too lenient over the last decade. We estimate the price effects resulting from the merger of Whirlpool and
The Effect of Mergers on Consumer Prices: Evidence from Five Selected Case Studies
In this paper we propose a method to evaluate the effectiveness of U.S. horizontal merger policy and apply it to the study of five recent consumer product mergers. We selected the mergers from those
...
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