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Settlement in Merger Cases: Remedies and Litigation

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Author Info

  • Bertrand Chopard
  • Thomas Cortade
  • Andreea Cosnita-Langlais

Abstract

This paper performs a pre-trial settlement analysis for the negotiation of asset divestitures in merger control cases. Taking into account the asymmetric information between the competition agency and the merging firms concerning the true competition impact of the merger, we examine the impact on the likelihood of settlement divestiture and the divestiture amount in equilibrium of various factors, such as the transfer rate of the merger’s cost savings, the severity of the appeal court, as well as the bargaining power of the merging partners in the sale of the divested assets.

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File URL: http://economix.fr/pdf/dt/2008/WP_EcoX_2008-10.pdf
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Bibliographic Info

Paper provided by University of Paris West - Nanterre la Défense, EconomiX in its series EconomiX Working Papers with number 2008-10.

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Length: 24 pages
Date of creation: 2008
Date of revision:
Handle: RePEc:drm:wpaper:2008-10

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Postal: 200 Avenue de la République, Bât. G - 92001 Nanterre Cedex
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Web page: http://economix.fr
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Related research

Keywords: out-of-court settlement; merger control; divestitures; asymmetric information;

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Cited by:
  1. Patrice Bougette, 2011. "Négociation d'engagements en matière de concentrations : une perspective d'économiste," Post-Print halshs-00580669, HAL.

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