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Empirical Evidence on FTC Enforcement of the Merger Guidelines

Author

Listed:
  • Coate, Malcolm B
  • McChesney, Fred S

Abstract

The Justice Department's 1982/1984 guidelines identify various factors--concentration, entry barriers, ease of collusion, efficiency--that would thereafter determine whether the government will challenge a merger. Analysts have criticized enforcement agencies, however, for not following the guidelines and criticize the guidelines themselves for not identifying the weights attached to the factors. Using a 1982-86 sample of seventy horizontal mergers, the authors examine which factors influenced the Federal Trade Commission's decision to challenge mergers. The relative importance of the guidelines and other factors in merger challenges is measured and related empirical issues are also explored. Copyright 1992 by Oxford University Press.

Suggested Citation

  • Coate, Malcolm B & McChesney, Fred S, 1992. "Empirical Evidence on FTC Enforcement of the Merger Guidelines," Economic Inquiry, Western Economic Association International, vol. 30(2), pages 277-293, April.
  • Handle: RePEc:oup:ecinqu:v:30:y:1992:i:2:p:277-93
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    Citations

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    Cited by:

    1. Goran Serdareviæ & Petr Teplý, 2011. "The Efficiency of EU Merger Control During the Period 1990–2008," Czech Journal of Economics and Finance (Finance a uver), Charles University Prague, Faculty of Social Sciences, vol. 61(3), pages 252-276, July.
    2. Guilding, Chris & McManus, Lisa, 2002. "The incidence, perceived merit and antecedents of customer accounting: an exploratory note," Accounting, Organizations and Society, Elsevier, vol. 27(1-2), pages 45-59.
    3. Tomaso Duso & Damien J. Neven & Lars-Hendrik Röller, 2007. "The Political Economy of European Merger Control: Evidence using Stock Market Data," Journal of Law and Economics, University of Chicago Press, vol. 50(3), pages 455-489.
    4. Dong‐Hun Kim, 2010. "Making or Breaking a Deal: the Impact of Electoral Systems on Mergers & Acquisitions," Kyklos, Wiley Blackwell, vol. 63(3), pages 432-449, August.
    5. Marcos Avalos & Rafael E. De Hoyos, 2008. "An Empirical Analysis of Mexican Merger Policy," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 32(2), pages 113-130, March.
    6. Jordi Gual & Núria Mas, 2011. "Industry Characteristics and Anti-Competitive Behavior: Evidence from the European Commission’s Decisions," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 39(3), pages 207-230, November.
    7. Sourafel Girma & Steve Thompson & Peter Wright, 2006. "International Acquisitions, Domestic Competition and Firm Performance," International Journal of the Economics of Business, Taylor & Francis Journals, vol. 13(3), pages 335-349.
    8. 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.
    9. Patrice Bougette & Stéphane Turolla, 2008. "Market structures, political surroundings, and merger remedies: an empirical investigation of the EC’s decisions," European Journal of Law and Economics, Springer, vol. 25(2), pages 125-150, April.
    10. Gürtler, Oliver & Kräkel, Matthias, 2009. "On the inefficiency of merger control," Economics Letters, Elsevier, vol. 102(1), pages 53-55, January.
    11. 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.
    12. 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.
    13. 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.
    14. Bergman, Mats A. & Jakobsson, Maria & Razo, Carlos, 2005. "An econometric analysis of the European Commission's merger decisions," International Journal of Industrial Organization, Elsevier, vol. 23(9-10), pages 717-737, December.
    15. Lars-Hendrik Röller & Johan Stennek & Frank Verboven, 2006. "Efficiency Gains from Mergers," Chapters, in: Fabienne IIzkovitz & Roderick Meiklejohn (ed.), European Merger Control, chapter 3, Edward Elgar Publishing.
    16. 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..
    17. Robert Breunig & Flavio M. Menezes & Kelvin Jui Keng Tan, 2012. "An Empirical Investigation of the Mergers Decision Process in Australia," The Economic Record, The Economic Society of Australia, vol. 88(283), pages 459-475, December.
    18. 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.
    19. Mikhail Kouliavtsev, 2007. "Measuring the Extent of Structural Remedy in Section 7 Settlements: Was the US DOJ Successful in the 1990s?," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 30(1), pages 1-27, February.

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