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Competition

Non-price effects of mergers

 

Mergers can have effects on numerous dimensions of competition other than price, including quality, variety, and innovation. However, the analysis of these effects can pose several practical challenges for competition authorities. In particular:

  • It can be challenging to identify markets in which non-price effects require substantial attention in merger review. The degree to which non-price effects are fundamental to competition will vary significantly. Competition authorities may need to prioritise certain non-price dimensions, or recognise when they play an ancillary role to price in the market.
  • The precise interaction of price and non-price effects may be difficult to capture. When non-price effects are relevant and important, it can be difficult to balance those effects with price effects – particularly if they move in different directions.
  • When non-price effects are relevant, it may also be challenging to identify how they should be factored into the merger review process. Non-price effects could conceptually be considered at each stage of a merger, including market definition, the competition assessment, the consideration of efficiencies, and the formulation of remedies. However, it may not be necessary or practical to incorporate non-price effects at each stage.

In June 2018, the OECD held a roundtable discussion to debate practical challenges of considering non-price effects, and strategies for dealing with these challenges. This page contains all available materials. 

 

INVITED SPEAKERS AND DOCUMENTATION 

Susan CREIGHTON [Bio]  
Partner, WSGR 

Orla LYNSKEY [Bio]  
Assistant Professor of Law, London School of Economics presenting the paper Considering Data Protection in Merger Control Proceedings

Jorge PADILLA [Bio]  
Senior Managing Director and Head, Compass Lexecon Europe  

 

» OECD Background Note  Note de référence de l'OCDE 

» Executive Summary with key findings Synthèse des points clés de la discussion

» Detailed Summary of the discussion Compte rendu detaillé de la discussion

» Summary of contributions

Argentina

Australia

Belgium

BIAC

Brazil

Canada

Chile

Chinese Taipei

Consumers International

EU

France  ENG • FR 

Germany

Indonesia

Italy

Japan

Korea

Mexico

New Zealand

Norway

Russia

Ukraine

United Kingdom

United States

 

 About the discussion 

 

The relevance of privacy

 

Assessment of mergers for their impact on innovation

 

Key takeaways from the discussion

 

For more videos, click here.

PRESENTATIONS

 

 

RELATED POLICY ROUNDTABLES

OECD Handbook on Competition Policy in the Digital Age

Vertical Mergers, in the technology, Media and Telecom Sector, 2019

Non-price Effects of Mergers, 2018

The Role and Management of Quality in Competition Analysis (2013)

Dynamic efficiencies in merger analysis (2007) 

RELATED TOPICS

Mergers 

Digital Economy and Innovation

Access all policy roundtables on Mergers

Access the full list of Competition Policy Roundtables

Link to the OECD Competition Home Page  

 

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