Jordi Gual, Apr 19, 2007
This paper provides a critical analysis of some of the key features of merger policy as understood and practiced in leading jurisdictions such as the European Community and the United States. It focuses first on a discussion of the gradual move of merger policy towards the examination of unilateral effects. The critical appraisal of this process is based on the practical and theoretical shortcomings of the economic models that underlie the growing prominence of unilateral effects as the key anticompetitive factor arising from a proposed merger. The paper stresses that even if unilateral effects were to lead to an increase in the conventional measures of anticompetitive performance (such as markups), it is not clear that this implies less competitive behavior for many of the most relevant industries in today´s advanced economies. Finally, the paper also examines the relation between competition and welfare, and argues that even if competition does indeed diminish due to a merger, it is not a straightforward conclusion that this is not good in terms of economic welfare when the incentives to innovate and the dynamic welfare gains that arise from new products and production processes are taken fully into consideration.
Featured News
Carey Bolsters Competition Law Team With New Senior Counsel
Mar 15, 2026 by
CPI
TikTok US Sale Could Deliver $10 Billion Windfall to the United States
Mar 15, 2026 by
CPI
States Press Ahead With Live Nation Antitrust Trial After Federal Settlement
Mar 15, 2026 by
CPI
US Pulls Back Draft Regulation Targeting Global AI Chip Shipments
Mar 15, 2026 by
CPI
Selecta and Bondholders Ask US Court to Dismiss Antitrust Lawsuit Over Creditor Pact
Mar 15, 2026 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Behavioral Economics
Feb 22, 2026 by
CPI
Behavioral Antitrust in 2026
Feb 22, 2026 by
Maurice Stucke
Behavioral Economics in Competition Policy: Going Beyond Inertia and Framing Effects
Feb 22, 2026 by
Annemieke Tuinstra & Richard May
Agreeing to Disagree in Antitrust
Feb 22, 2026 by
Jorge Padilla
Recognizing What’s Around the Corner: Merger Control, Capabilities, and the New Nature of Potential Competition
Feb 22, 2026 by
Magdalena Kuyterink & David J. Teece