Dennis Carlton, Apr 30, 2009
In this article, I explain the inadequacy of our current state of knowledge regarding the effectiveness of antitrust policy towards mergers. I then discuss the types of data that one must collect in order to be able to perform an analysis of the effectiveness of antitrust policy. There are two types of data one requires in order to perform such an analysis. One is data on the relevant market pre- and post-merger. The second is data on the specific predictions of the government agencies about the market post-merger. A key point of this article is to stress how weak an analysis of only the first type of data is. The frequent call for retrospective studies typically envisions relying on just this type of data, but the limitations of the analysis are not well-understood. As I explain below, retrospective studies that ask whether prices went up post-merger are surprisingly poor guides for analyzing merger policy. It is only when the second type of data is combined with the first type that a reliable analysis of antitrust policy can be carried out. There is a need both to collect the necessary data and to analyze it correctly.
Featured News
EU Gives Green Light to Mars’ $36 Billion Acquisition of Kellanova
Dec 8, 2025 by
CPI
EU Forces Meta to Give Users Ad Personalization Options
Dec 8, 2025 by
CPI
Paramount Skydance Launches Hostile $108.4 Billion Bid for Warner Bros Discovery
Dec 8, 2025 by
CPI
DOJ Pushes Divestments to Protect Competition in Major Power Merger
Dec 8, 2025 by
CPI
EU Probes Meta Over Potential AI Restrictions on WhatsApp
Dec 7, 2025 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Intellectual Property
Nov 19, 2025 by
CPI
Dealing in Intellectual Property: IP Justifications and Defenses in Digital Markets Cases
Nov 19, 2025 by
Jennifer Dixton
The Evolving Role of Innovation Theories of Harm in the Antitrust Analysis of Life Science Mergers
Nov 19, 2025 by
Michelle Yost Hale, Matthew D. McDonald & Merrill Stovroff
Who Can Fix It? Antitrust, IP Rights, and the Right to Repair
Nov 19, 2025 by
Rosa M. Morales
Copyright, Antitrust, and the Politics of Generative AI
Nov 19, 2025 by
Daryl Lim