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Merger Remedies in Oligopoly under a Consumer Welfare Standard

Author

Listed:
  • Markus Dertwinkel-Kalt
  • Christian Wey

Abstract

We analyze the welfare effects of structural remedies on merger activity in a Cournot oligopoly if the antitrust agency applies a consumer surplus standard. We derive conditions such that otherwise price-increasing mergers become externality-free by the use of remedial divestitures. In this case, the consumer surplus standard ensures that mergers are only implemented if they increase social welfare. If the merging parties can extract the entire surplus from the asset sale, then the socially optimal buyer will be selected under a consumer standard. (JEL L13, L41, K21)

Suggested Citation

  • Markus Dertwinkel-Kalt & Christian Wey, 2016. "Merger Remedies in Oligopoly under a Consumer Welfare Standard," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 32(1), pages 150-179.
    • Handle: RePEc:oup:jleorg:v:32:y:2016:i:1:p:150-179.
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    File URL: http://hdl.handle.net/10.1093/jleo/ewv013
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    Cited by:

    1. Dertwinkel-Kalt, Markus & Wey, Christian, 2016. "Structural remedies as a signaling device," Information Economics and Policy, Elsevier, vol. 35(C), pages 1-6.
    2. Onur A. Koska, 2019. "A consumer-surplus standard in foreign acquisitions, foreign direct investment, and welfare," Review of World Economics (Weltwirtschaftliches Archiv), Springer;Institut für Weltwirtschaft (Kiel Institute for the World Economy), vol. 155(1), pages 149-179, February.
    3. Cabolis, C. & Manasakis, C. & Moreno, Diego & Petrakis, Emmanuel, 2016. "R&D investments fostering horizontal mergers," UC3M Working papers. Economics 23280, Universidad Carlos III de Madrid. Departamento de Economía.
    4. Koska, Onur A., 2019. "Gains from multinational competition for cross-border firm acquisition," Economics - The Open-Access, Open-Assessment E-Journal (2007-2020), Kiel Institute for the World Economy (IfW Kiel), vol. 13, pages 1-19.
    5. John W. Mayo & Mark Whitener, 2021. "The Welfare Effects of Vertical Mergers and their Remedies," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 59(2), pages 409-441, September.
    6. Takeshi FUKASAWA & Hiroshi OHASHI, 2023. "Long-run Effect of a Horizontal Merger and Its Remedial Standards," Discussion papers 23001, Research Institute of Economy, Trade and Industry (RIETI).
    7. Shekhar, Shiva & Wey, Christian, 2017. "Uncertain merger synergies, passive partial ownership, and merger control," DICE Discussion Papers 260, Heinrich Heine University Düsseldorf, Düsseldorf Institute for Competition Economics (DICE).
    8. Hendrik Döpper & Geza Sapi & Christian Wey, 2024. "A bargaining perspective on vertical integration," Canadian Journal of Economics/Revue canadienne d'économique, John Wiley & Sons, vol. 57(1), pages 199-224, February.
    9. Markus Dertwinkel-Kalt & Christian Wey, 2021. "Evidence Production in Merger Control: The Role of Remedies," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 59(1), pages 1-12, August.
    10. Céline Bonnet & Jan Philip Schain, 2020. "An Empirical Analysis Of Mergers: Efficiency Gains And Impact On Consumer Prices," Journal of Competition Law and Economics, Oxford University Press, vol. 16(1), pages 1-35.
    11. Nocke, Volker & Rhodes, Andrew, 2025. "Optimal Merger Remedies," TSE Working Papers 25-1660, Toulouse School of Economics (TSE).

    More about this item

    JEL classification:

    • L13 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Oligopoly and Other Imperfect Markets
    • L41 - Industrial Organization - - Antitrust Issues and Policies - - - Monopolization; Horizontal Anticompetitive Practices
    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law

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