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Settle for Now but Block for Tomorrow: The Deterrence Effects of Merger Policy Tools

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  • Jo Seldeslachts
  • Joseph A. Clougherty
  • Pedro Pita Barros

Abstract

Antitrust policy involves not just the regulation of anticompetitive behavior but also an important deterrence effect. Neither scholars nor policy makers have fully researched the deterrence effects of merger policy tools because they have been unable to empirically measure these effects. We consider the ability of different antitrust actions-blocked mergers, negotiated settlements, and monitorings-to deter firms from engaging in mergers. We use cross-jurisdiction/pantime data on merger policy to empirically estimate the impact of antitrust actions on future merger frequencies. We find that blocked mergers lead to decreased merger notifications in subsequent periods and that negotiated settlements weakly increase future merger notifications; in other words, blocked mergers involve a deterrence effect, but negotiated settlements do not. (c) 2009 by The University of Chicago. All rights reserved..

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Bibliographic Info

Article provided by University of Chicago Press in its journal The Journal of Law and Economics.

Volume (Year): 52 (2009)
Issue (Month): 3 (08)
Pages: 607-634

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Handle: RePEc:ucp:jlawec:v:52:y:2009:i:3:p:607-634

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Web page: http://www.journals.uchicago.edu/JLE/

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Cited by:
  1. Pedro P. Barros & Joseph A. Clougherty & Jo Seldeslachts, 2009. "How to Measure the Deterrence Effects of Merger Policy: Frequency or Composition?," CIG Working Papers SP II 2009-13, Wissenschaftszentrum Berlin (WZB), Research Unit: Competition and Innovation (CIG), revised Oct 2009.
  2. Duso, Tomaso & Guglery, Klaus & Szücs, Florian, 2010. "An Empirical Assessment of the 2004 EU Merger Policy Reform," Discussion Paper Series of SFB/TR 15 Governance and the Efficiency of Economic Systems 337, Free University of Berlin, Humboldt University of Berlin, University of Bonn, University of Mannheim, University of Munich.
  3. Clougherty, Joseph A. & Seldeslachts, Jo, 2012. "The deterrence effects of U.S. merger policy instruments," Open Access publications from Katholieke Universiteit Leuven urn:hdl:123456789/350833, Katholieke Universiteit Leuven.
  4. Clougherty, Joseph A., 2009. "Competition Policy Trends and Economic Growth: Cross-National Empirical Evidence," CEPR Discussion Papers 7515, C.E.P.R. Discussion Papers.
  5. Patrice Bougette, 2011. "Négociation d'engagements en matière de concentrations : une perspective d'économiste," Post-Print halshs-00580669, HAL.
  6. Budzinski, Oliver, 2012. "Würde eine unabhängige europäische Wettbewerbsbehörde eine bessere Wettbewerbspolitik machen?," Ilmenau Economics Discussion Papers 78, Ilmenau University of Technology, Institute of Economics.
  7. Barros, Pedro P. & Clougherty, Joseph A. & Seldeslachts, Jo, 2012. "Europeanization of EU member-state competition policy: The commission’s leadership role," Open Access publications from Katholieke Universiteit Leuven urn:hdl:123456789/358671, Katholieke Universiteit Leuven.
  8. Albert Banal‐Estañol & Jo Seldeslachts, 2011. "Merger Failures," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 20(2), pages 589-624, 06.
  9. Budzinski, Oliver & Kuchinke, Björn A., 2012. "Deal or no deal? Consensual arrangements as an instrument of European competition policy," Ilmenau Economics Discussion Papers 76, Ilmenau University of Technology, Institute of Economics.
  10. Sunel Grimbeek & Steven F. Koch & Richard J. Grimbeek, 2012. "The Consistency of Merger Decisions in a Developing Country: The South African Competition Commission," Working Papers 286, Economic Research Southern Africa.

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