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Oxford Review of Economic Policy
Article . 2024 . Peer-reviewed
License: CC BY
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Article . 2024 . Peer-reviewed
Data sources: Crossref
SSRN Electronic Journal
Article . 2024 . Peer-reviewed
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Research . 2024
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Towards an Effective Merger Review Policy: A Defence of Rebuttable Structural Presumptions

Authors: Filippo Lancieri; Tommaso Valletti;

Towards an Effective Merger Review Policy: A Defence of Rebuttable Structural Presumptions

Abstract

Abstract We discuss the design of an effective merger review policy for the twenty-first century. We argue that the practice of the past decades is inadequate and propose a move towards much stronger rebuttable structural presumptions. These presumptions establish that all mergers above certain thresholds are illegal unless the merging parties can prove that merger-specific efficiencies will be shared with consumers and yield tangible welfare gains. These presumptions are grounded on solid economics and also acknowledge the real-world limitations in enforcement resources and information asymmetries between companies and regulators. We outline how to establish such presumptions in practice, defending the implementation of an ex ante system that selects in advance (rather than per transaction) which companies and markets are subject to the presumption. Finally, we outline which merger-related efficiencies can rebut the presumption.

Countries
United Kingdom, United States
Related Organizations
Keywords

Antitrust, 330, ddc:330, Merger Review, Structural Presumption, Law and Economics, Antitrust and Trade Regulation, 344

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    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
2
Top 10%
Average
Average
Green
hybrid