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Potential Competition Mergers: Lessons from Outside the Box

BY | February 10, 2022

The puzzle of potential competition mergers is not theoretical but empirical — verifying that the firm not in the market is a likely significant competitor and that very few others…

The puzzle of potential competition mergers is not theoretical but empirical — verifying that the firm not in the market is a likely significant competitor and that very few others are.  It may help to look at potential competition in other antitrust contexts.  From collusion, “reverse payment” pharmaceutical cases work only because regulation and legislation identify a unique potential generic competitor.  From abuse of dominance, the U.S. Microsoft case suggests low requirements for e

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