Horizontal Mergers Flashcards
What is the Williamson (1968) tradeoff?
A merger can be welfare enhancing if there are sufficient efficiency gains
However, nowadays the CMA only looks at the effect on consumer surplus
What happens to Consumer welfare when a duopolist with homogeneous products merges?
The consumer welfare falls as the new firm increases its prices to the monopoly level
Why do the competition authorities now only look at consumer surplus rather than total welfare change?
- It is easier to calculate consumer surplus than total welfare change
- Consumers are much smaller than a firm and so need help, whereas firms can look after themselves
What is the merger paradox?
The merging parties do not actually increase their profits as a result of the merge
What is an Anticompetitive Merger?
A Substantial Lessening of Effective Competition (SLEC)
(just SLC in the UK)
What are the potential anticompetitive effects? (4)
Unilateral Effects, Coordinated Effect, Conglomerate Effects, Vertical Effects
What is a unilateral effect?
A merger is likely to increase prices noncooperatively
What is a coordinated effect?
A merger may increase the likelihood of tacit collusion
What is a conglomerate effect?
A merger brings together a portfolio of complementary products which, when bundled together, may foreclose rivals without full range
What is a vertical effect?
A merger may foreclose rivals in a downstream market
What are the common defences firms use when accused of anticompetitive mergers? (3)
Usual line, Efficiency defence, Failing firm defence
What is the usual line defence?
Low entry barriers and/or the market is defined too narrowly (widely)
What is the efficiency defence?
Expected marginal cost savings would lower prices
What is the failing firm defence?
One of the parties claims it would exit without a merger
What solutions are there to anticompetitive mergers? (2)
Prohibition and Remedies (Structural or Behavioural)
What is prohibition?
The market authority stops the merger from taking place at all (i.e. Sainsburys and Asda)
Blunt tool, so although the downsides are stopped, none of the upsides are retained either (i.e. increased welfare)
What are remedies?
The merger is allowed to go through as long as the firms meet certain conditions post merger
These can be structural or behavioural
What is a structural remedy?
The firm is forced to sell off some of its assets to prevent the anticompetitive effects
These are used much more than behavioural remedies because the competition authority doesn’t need to monitor the firm as closely
What is a behavioural remedy?
The firm is told to behave in certain ways to prevent anticompetitive effect
Why may the remedial approach not be socially optimal? (3)
Type 1 - it is too harsh and eliminates efficiencies
Type 2 - it is too lenient and anticompetitive effects remain
-Investigations may delay mergers and require substantial resources
What is Single Dominance?
Where the largest firm can unilaterally raise prices
What is Collective Dominance?
Where firms can collectively raise prices through collusion
What are the two phases of the bargaining process in the merger investigation?
Phase 1 is a short sharp look at the merger (this can last about 6 weeks). If issues aren’t sorted in this time then the merger can be referred to phase 2
Phase 2 gives the agencies an indefinite amount of time to look at the merger
What happens if the issues aren’t sorted after phase 2?
The merger is prohibited