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Predation and Mergers: Is Merger Law Counterproductive?

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Author Info
Persson, Lars () (The Research Institute of Industrial Economics)

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Abstract

This paper studies the interaction between the incentives for predation and mergers. I show that the incentive for predation in an oligopoly is limited by the subsequent competition for the prey. This bidding competition is expecially fierce when the prey's assets exert strong negative externalities on rivals. Firms may therefore prefer to predate to destroy the prey's assets, rather than just its financial viability. The paper also demonstrates that predation may be preferred to an immediate merger for two reasons. First, by predating, firms may share the costs of eliminating a rival and circumvent the free-riding problem associated with mergers, and second, destructive predation helps firms avoid the bidding competition. It is also shown that a restrictive merger policy may be counterproductive, since it may increase the incentives for predation by helping predators avoid the bidding competition. Moreover, the incentive for predation under the US failing firm defense might be even stronger, since it allows mergers bu limits the bidding competition.

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Publisher Info
Paper provided by Research Institute of Industrial Economics in its series Working Paper Series with number 516.

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Length: 34 pages
Date of creation: 02 Jul 1999
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Publication status: Published in European Economic Review, 2004, pages 239-258.
Handle: RePEc:hhs:iuiwop:0516

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Postal: Research Institute of Industrial Economics, Box 55665, SE-102 15 Stockholm, Sweden
Phone: +46 8 665 4500
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Related research
Keywords: Mergers Predation Merger law Failing firm defense

Other versions of this item:

Find related papers by JEL classification:
K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
L12 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Monopoly; Monopolization Strategies
L41 - Industrial Organization - - Antitrust Issues and Policies - - - Monopolization; Horizontal Anticompetitive Practices

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  1. Fumagalli, Chiara & Motta, Massimo & Persson, Lars, 2007. "On the Anticompetitive Effect of Exclusive Dealing when Entry by Merger is Possible," Working Paper Series 718, Research Institute of Industrial Economics. [Downloadable!]
  2. Fumagalli, Chiara & Motta, Massimo & Persson, Lars, 2005. "Exclusive Dealing, Entry and Mergers," CEPR Discussion Papers 4902, C.E.P.R. Discussion Papers. [Downloadable!] (restricted)
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  3. Pehr-Johan Norbäck & Lars Persson, 2008. "Globalization and profitability of cross-border mergers and acquisitions," Economic Theory, Springer, vol. 35(2), pages 241-266, May. [Downloadable!] (restricted)
  4. Miguel González-Maestre & Diego Peñarrubia, 2005. "Innovation, merger policy and technology transfer," Investigaciones Economicas, Fundación SEPI, vol. 29(1), pages 181-201, January. [Downloadable!]
  5. Dermot Nolan, 1998. "Predatory Pricing in an Oligopolistic Framework," Royal Holloway, University of London: Discussion Papers in Economics 98/4, Department of Economics, Royal Holloway University of London, revised Feb 1998. [Downloadable!]
  6. Norbäck, Pehr-Johan & Persson, Lars, 2007. "Globalization and Profitability of Cross-border Mergers & Acquisitions," CEPR Discussion Papers 6102, C.E.P.R. Discussion Papers. [Downloadable!] (restricted)
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