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Did Robert Bork Understate the Competitive Impact of Mergers? Evidence from Consummated Mergers

Author(s): Ashenfelter, Orley C.; Hosken, Daniel; Weinberg, Matthew

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Abstract: In The Antitrust Paradox, Robert Bork viewed most mergers as either competitively neutral or efficiency enhancing. In his view, only mergers creating a dominant firm or monopoly were likely to harm consumers. Bork was especially skeptical of oligopoly concerns resulting from mergers. In this paper, we provide a critique of Bork’s views on merger policy from The Antitrust Paradox. Many of Bork’s recommendations have been implemented over time and have improved merger analysis. Bork’s proposed horizontal merger policy, however, was too permissive. In particular, the empirical record shows that mergers in oligopolistic markets can raise consumer prices.
Publication Date: Aug-2014
Citation: Ashenfelter, O, Hosken, D, Weinberg, M. (2014). Did Robert Bork Understate the Competitive Impact of Mergers? Evidence from Consummated Mergers. Journal of Law and Economics, 57 (S3), S67 - S100. doi:10.1086/675862
DOI: doi:10.1086/675862
ISSN: 0022-2186
Pages: S67 - S100
Type of Material: Journal Article
Journal/Proceeding Title: Journal of Law and Economics
Version: Final published version. Article is made available in OAR by the publisher's permission or policy.



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