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Effective European antitrust: Does EC merger policy generate deterrence?

Author

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  • Joseph Clougherty
  • Tomaso Duso
  • Miyu Lee
  • Jo Seldeslachts

Abstract

We estimate the deterrence effects of European Commission (EC) merger policy instruments over the 1990–2009 period. Our empirical results suggest phase-1 remedies uniquely generate robust deterrence as - unlike phase-1 withdrawals, phase-2 remedies, and preventions - phase-1 remedies lead to fewer merger notifications in subsequent years. Furthermore, the deterrence effects of phase-1 remedies work best in high-concentration industries, that is, industries where the Herfindahl Hirschman Index is above the 0.2 cut-off level employed by the EC. Additionally, we find phase-1 remedies do not deter clearly pro-competitive mergers, but do deter potentially anti-competitive mergers in high-concentration industries.
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Suggested Citation

  • Joseph Clougherty & Tomaso Duso & Miyu Lee & Jo Seldeslachts, 2015. "Effective European antitrust: Does EC merger policy generate deterrence?," Working Papers of Department of Management, Strategy and Innovation, Leuven 515981, KU Leuven, Faculty of Economics and Business (FEB), Department of Management, Strategy and Innovation, Leuven.
    • Handle: RePEc:ete:msiper:515981
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    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General

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