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Merger Policy and Innovation: Must Enforcement Change to Account for Technological Change?

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  • Michael L. Katz
  • Howard A. Shelanski

Abstract

Merger policy is the most active area of U.S. antitrust policy. It is now widely believed that merger policy must move beyond its traditional focus on static efficiency to account for innovation and address dynamic efficiency. Innovation can fundamentally affect merger analysis in two ways. First, innovation can dramatically affect the relationship between the pre-merger marketplace and what is likely to happen if a proposed merger is consummated. Thus, innovation can fundamentally influence the appropriate analysis for addressing traditional, static efficiency concerns. Second, innovation can itself be an important dimension of market performance that is potentially affected by a merger. We explore how merger policy is meeting the challenges posed by innovation.

Suggested Citation

  • Michael L. Katz & Howard A. Shelanski, 2004. "Merger Policy and Innovation: Must Enforcement Change to Account for Technological Change?," NBER Working Papers 10710, National Bureau of Economic Research, Inc.
  • Handle: RePEc:nbr:nberwo:10710
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    Cited by:

    1. Gilbert Richard J, 2006. "Competition and Innovation," Journal of Industrial Organization Education, De Gruyter, vol. 1(1), pages 1-23, December.
    2. Norbäck, Pehr-Johan & Persson, Lars, 2012. "Entrepreneurial innovations, competition and competition policy," European Economic Review, Elsevier, vol. 56(3), pages 488-506.
    3. Jochen Lorentzen & Peter Møllgaard, 2006. "Competition Policy and Innovation," Chapters,in: International Handbook on Industrial Policy, chapter 6 Edward Elgar Publishing.
    4. Robin Kleer, 2012. "The effect of mergers on the incentive to invest in cost-reducing innovations," Economics of Innovation and New Technology, Taylor & Francis Journals, vol. 21(3), pages 287-322, April.
    5. Mas, Nuria & Valentini, Giovanni, 2012. "The importance of technology in the consolidation of hospital markets. The case of the United States," IESE Research Papers D/953, IESE Business School.
    6. Ornaghi, Carmine, 2006. "Mergers and innovation: the case of the pharmaceutical industry," Discussion Paper Series In Economics And Econometrics 605, Economics Division, School of Social Sciences, University of Southampton.
    7. Ganslandt, Mattias, 2008. "Intellectual Property Rights and Competition Policy," Working Paper Series 726, Research Institute of Industrial Economics.
    8. Ornaghi, Carmine, 2009. "Mergers and innovation in big pharma," International Journal of Industrial Organization, Elsevier, vol. 27(1), pages 70-79, January.
    9. Richard Gilbert, 2006. "Looking for Mr. Schumpeter: Where Are We in the Competition-Innovation Debate?," NBER Chapters,in: Innovation Policy and the Economy, Volume 6, pages 159-215 National Bureau of Economic Research, Inc.
    10. Van Beers, Cees & Dekker, Ronald, 2009. "Acquisitions, Divestitures and Innovation Performance in the Netherlands," MPRA Paper 13464, University Library of Munich, Germany.
    11. Ornaghi, Carmine, 2006. "Mergers and innovation: the case of the pharmaceutical industry," Discussion Paper Series In Economics And Econometrics 0605, Economics Division, School of Social Sciences, University of Southampton.

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    JEL classification:

    • L4 - Industrial Organization - - Antitrust Issues and Policies

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