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Bargaining over Remedies in Merger Regulation

Author

Listed:
  • Bruce Lyons

    () (Centre for Competition Policy, University of East Anglia)

  • Andrei Medvedev

    () (Centre for Competition Policy, University of East Anglia)

Abstract

This paper provides a first attempt to understand how outcomes are determined by the standard institutions of merger control. In particular, we focus on the internationally standard 2-phase investigation structure and remedy negotiations of the form practiced by the EC. We find that there are inherent biases in remedy outcomes, and identifiable circumstances where offers will be excessive and where they will be deficient. In particular, we find clear circumstances in which firms offer excessive remedies, which goes against a possible intuition that firms should expect to extract an information rent for possessing superior information about competition in the market.

Suggested Citation

  • Bruce Lyons & Andrei Medvedev, 2007. "Bargaining over Remedies in Merger Regulation," Working Papers 07-3, Centre for Competition Policy, University of East Anglia.
  • Handle: RePEc:ccp:wpaper:wp07-03
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    File URL: http://www.ccp.uea.ac.uk/publicfiles/workingpapers/CCP07-3.pdf
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    Cited by:

    1. Joseph A. Clougherty & Tomaso Duso & Miyu Lee & Jo Seldeslachts, 2016. "Effective European Antitrust: Does Ec Merger Policy Generate Deterrence?," Economic Inquiry, Western Economic Association International, vol. 54(4), pages 1884-1903, October.
    2. Pedro Barros & Joseph Clougherty & Jo Seldeslachts, 2010. "How to Measure the Deterrence Effects of Merger Policy: Frequency or Composition?," International Journal of the Economics of Business, Taylor & Francis Journals, vol. 17(1), pages 1-8.
    3. Afonso Planas Raposo de Almeida Costa & Pedro Barros, 2012. "Does a Tougher Competition Policy Reduce or Promote Investment?," Journal of Industry, Competition and Trade, Springer, vol. 12(1), pages 119-141, March.
    4. Patrice Bougette, 2011. "Négociation d'engagements en matière de concentrations : une perspective d'économiste," Post-Print halshs-00580669, HAL.

    More about this item

    Keywords

    Merger regulation; merger remedies; competition policy; bargaining;

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • L41 - Industrial Organization - - Antitrust Issues and Policies - - - Monopolization; Horizontal Anticompetitive Practices
    • L51 - Industrial Organization - - Regulation and Industrial Policy - - - Economics of Regulation

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