Quantifying the Increase in 'Effective Concentration' from Vertical Mergers that Raise Input Foreclosure Concerns: Comment on the Draft Vertical Merger Guidelines

2020 ◽  
Author(s):  
Steven C. Salop ◽  
Serge Moresi
Author(s):  
Carl Shapiro

AbstractThis article offers a practical guide to analyzing vertical mergers using the general approach to input foreclosure and raising rivals’ costs that is described in the 2020 Vertical Merger Guidelines that were issued by the U.S. Department of Justice and the Federal Trade Commission. The step-by-step analysis described here draws lessons from how that theory of harm played out in the lone vertical merger case that has been litigated by the antitrust agencies in recent decades: the 2018 challenge by the Department of Justice to the merger between AT&T and Time Warner. I testified in court as the DOJ’s economic expert in that case. I explain here how to quantify the increase in rivals’ costs and the elimination of double marginalization that are caused by a vertical merger and how to evaluate their net effect on downstream customers. I also explain how this economic analysis fits into the three-step burden-shifting approach that the courts apply to mergers under Section 7 of the Clayton Act. Based on my experience in the AT&T/Time Warner case, I identify a number of shortcomings of the 2020 Vertical Merger Guidelines.


Author(s):  
Michael A. Salinger

AbstractThe new U.S. Department of Justice and Federal Trade Commission Vertical Merger Guidelines focus on how vertical mergers are likely to affect static pricing incentives. While vertical mergers can create incentives to increase prices, they can also provide incentives to decrease prices. Which of the possible outcomes is likely to occur depends on details that are generally difficult to measure. Potential competition between dominant firms, the theory of potential harm to competition that the 1984 Department of Justice Merger Guidelines stressed, remains a more compelling rationale for blocking vertical mergers than the likely effect on static pricing incentives.


1983 ◽  
Vol 71 (2) ◽  
pp. 604 ◽  
Author(s):  
Oliver E. Williamson

2020 ◽  
Author(s):  
Jonathan B. Baker ◽  
Nancy L. Rose ◽  
Steven C. Salop ◽  
Fiona M. Scott Morton

2020 ◽  
Vol 65 (3) ◽  
pp. 445-458 ◽  
Author(s):  
Gopal Das Varma ◽  
Martino De Stefano

Vertical mergers are known to potentially create an incentive for the merged firm to raise the price of inputs it supplies to its rivals (raising rivals’ cost [RRC]). At the same time, vertical mergers are known to create efficiencies in the form of elimination of double marginalization (EDM). Competitive effects of vertical mergers are evaluated as the net effect of RRC and EDM. Conventional antitrust techniques treat the two effects—RRC and EDM—as separable and analyze each in isolation before evaluating their net effect. We show that in an equilibrium treatment, RRC and EDM are not separable; instead, they are inseparably linked because the size of EDM is an important determinant of the strength of the RRC incentive. When the link between EDM and RRC is taken into account, predicted price effects of a vertical merger can turn out to be significantly different relative to those predicted by conventional techniques. Under certain commonly used assumptions, a vertical merger may even create an incentive for the merged firm to lower its rivals’ cost. The precise price effect depends on two things: the shape of demand and the bargaining power of the upstream input supplier in its price negotiations with downstream firms.


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