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Removal of Potential Competitors – A Blind Spot of Merger Policy?

Author

Listed:
  • Massimo Motta
  • Martin Peitz

Abstract

In dynamic industries, firms often face new competitive threats. If firms are able to identify those threats early on, they may simply acquire potential competitors under the radar of competition authorities. Merger policy thus has to deal with two issues: (1) how to make sure that potentially problematic mergers are notified and investigated; and (2) how to assess the social costs and benefits of such mergers. The latter requires to take a stance regarding the standard and burden of proof. We argue for a reversal of burden of proof, at least if one of the merging firms is considered to be a “systemic firm”.

Suggested Citation

  • Massimo Motta & Martin Peitz, 2020. "Removal of Potential Competitors – A Blind Spot of Merger Policy?," CRC TR 224 Discussion Paper Series crctr224_2020_208, University of Bonn and University of Mannheim, Germany.
  • Handle: RePEc:bon:boncrc:crctr224_2020_208
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    File URL: https://www.crctr224.de/research/discussion-papers/archive/dp208
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    Cited by:

    1. Iñigo Herguera, 2021. "Competencia y regulación de (algunas) plataformas digitales en la UE," Working Papers 2021-10, FEDEA.

    More about this item

    Keywords

    Merger policy; potential competitor; notification; standard of proof; burden of proof; killer acquisition;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • L41 - Industrial Organization - - Antitrust Issues and Policies - - - Monopolization; Horizontal Anticompetitive Practices

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