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Concentration Screens for Horizontal Mergers

Author

Listed:
  • Volker Nocke

  • Michael D. Whinston

Abstract

Concentration-based screens for horizontal mergers, such as those employed in the US DOJ and FTC Horizontal Merger Guidelines, play a central role in merger analysis. However, the basis for these screens, in both form and level, remains unclear. We show that there is both a theoretical and an empirical basis for focusing solely on the change in the Herfindahl index, and ignoring its level, in screening mergers for whether their unilateral effects will harm consumers. We also argue, again both theoretically and empirically, that the levels at which the presumptions currently are set may be too lax, especially with regards to safe harbors.

Suggested Citation

  • Volker Nocke & Michael D. Whinston, 2020. "Concentration Screens for Horizontal Mergers," CRC TR 224 Discussion Paper Series crctr224_2020_190, University of Bonn and University of Mannheim, Germany.
    • Handle: RePEc:bon:boncrc:crctr224_2020_190
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    File URL: https://www.crctr224.de/research/discussion-papers/archive/dp190
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    Cited by:

    1. Klaus Gugler & Florian Szücs, 2023. "Market Power and Regulation in Pharmaceutical Markets," Department of Economics Working Papers wuwp343, Vienna University of Economics and Business, Department of Economics.
    2. Nathan H. Miller & Gloria Sheu, 2021. "Quantitative Methods for Evaluating the Unilateral Effects of Mergers," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 58(1), pages 143-177, February.
    3. Kaplow, Louis, 2021. "Horizontal merger analysis," International Journal of Industrial Organization, Elsevier, vol. 79(C).
    4. Yossi Spiegel, 2021. "The Herfindahl‐Hirschman Index and the Distribution of Social Surplus," Journal of Industrial Economics, Wiley Blackwell, vol. 69(3), pages 561-594, September.
    5. Tommaso Valletti & Hans Zenger, 2021. "Mergers with Differentiated Products: Where Do We Stand?," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 58(1), pages 179-212, February.
    6. Justin P. Johnson & Andrew Rhodes, 2021. "Multiproduct mergers and quality competition," RAND Journal of Economics, RAND Corporation, vol. 52(3), pages 633-661, September.
    7. 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.
    8. Tarald O Kvålseth, 2022. "Measurement of market (industry) concentration based on value validity," PLOS ONE, Public Library of Science, vol. 17(7), pages 1-24, July.
    9. Janina Kotlinska & Joanna Nucinska & Jacek Bednarz, 2021. "Education Financing: Explaining the Expenditure Concentration Gap between the State and Local Governments in Poland 2008-2019," European Research Studies Journal, European Research Studies Journal, vol. 0(2), pages 564-578.
    10. Craig T. Peters & Jeffrey M. Wilder, 2021. "Ten Years of the 2010 HMG: A Perspective from the Department of Justice," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 58(1), pages 13-31, February.
    11. Steven C. Salop & Fiona Scott Morton, 2021. "The 2010 HMGs Ten Years Later: Where Do We Go From Here?," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 58(1), pages 81-101, February.
    12. Affeldt, Pauline & Duso, Tomaso & Szücs, Florian, 2021. "25 years of European merger control," EconStor Open Access Articles and Book Chapters, ZBW - Leibniz Information Centre for Economics, vol. 76, pages 1-62.

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    JEL classification:

    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General
    • L13 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Oligopoly and Other Imperfect Markets
    • D43 - Microeconomics - - Market Structure, Pricing, and Design - - - Oligopoly and Other Forms of Market Imperfection

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