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Title: Concentration Screens for Horizontal Mergers

Author(s): Volker Nocke and Michael Whinston

Publication Date: July 2020

Keyword(s): Herfindahl index, Horizontal Merger, Market concentration, market power and oligopoly

Programme Area(s): Industrial Organization

Abstract: Concentration-based screens for horizontal mergers, such as those employed in the US DOJ and FTC Horizontal Merger Guidelines, play a central role in merger analysis. However, the basis for these screens, in both form and level, remains unclear. We show that there is both a theoretical and an empirical basis for focusing solely on the change in the Herfindahl index, and ignoring its level, in screening mergers for whether their unilateral effects will harm consumers. We also argue, again both theoretically and empirically, that the levels at which the presumptions currently are set may be too lax, especially with regards to safe harbors.

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Bibliographic Reference

Nocke, V and Whinston, M. 2020. 'Concentration Screens for Horizontal Mergers'. London, Centre for Economic Policy Research. https://cepr.org/active/publications/discussion_papers/dp.php?dpno=14979