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Antitrust, Transaction Costs, and Merger Simulation with Nonlinear Pricing

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  • Dennis W. Carlton
  • Bryan Keating

Abstract

This article explores the relationship between transaction costs and antitrust. It makes three points. First, the usual antitrust analysis can be seriously misleading as a guide to consumer or society welfare because it assumes that pricing is linear and uniform. But the type of pricing endogenously depends on transaction costs, including information costs. Second, two key issues in any antitrust analysis are whether transaction costs change as a result of the action under scrutiny and, regardless of whether they change, how the existence of nonlinear pricing alters the usual antitrust analysis. We develop a merger simulation model with nonlinear pricing to illustrate how misleading the standard analysis can be. Third, since transaction costs influence the ability of various coalitions of consumers, distributors, and manufacturers to form, cooperative game theory can provide a unifying perspective into what situations might give rise to the creation and exploitation of market power.

Suggested Citation

  • Dennis W. Carlton & Bryan Keating, 2015. "Antitrust, Transaction Costs, and Merger Simulation with Nonlinear Pricing," Journal of Law and Economics, University of Chicago Press, vol. 58(2), pages 269-289.
  • Handle: RePEc:ucp:jlawec:doi:10.1086/684036
    DOI: 10.1086/684036
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    References listed on IDEAS

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    Cited by:

    1. Tim Hazledine, 2017. "Mixed pricing in monopoly and oligopoly: theory and implications for merger analysis," New Zealand Economic Papers, Taylor & Francis Journals, vol. 51(2), pages 122-135, May.
    2. Miller, Nathan H. & Remer, Marc & Ryan, Conor & Sheu, Gloria, 2017. "Upward pricing pressure as a predictor of merger price effects," International Journal of Industrial Organization, Elsevier, vol. 52(C), pages 216-247.
    3. Dennis W. Carlton & Mark A. Israel, 2021. "Effects of the 2010 Horizontal Merger Guidelines on Merger Review: Based on Ten Years of Practical Experience," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 58(1), pages 213-234, February.
    4. Carlton, Dennis W., 2020. "Transaction costs and competition policy," International Journal of Industrial Organization, Elsevier, vol. 73(C).

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