FTC staff report: competition policy in the new high-tech, global marketplace: executive summary and principal conclusions

Article Abstract:

The Federal Trade Commission (FTC) will continue to consider efficiency justifications as a component of its merger analysis, and it will pursue forming a task force with the Antitrust Division of the Department of Justice to better integrate efficiency issues into the 1992 Merger Guidelines. The FTC does not support expanding the defense available to failing firms or companies in distressed industries. The FTC is also investigating new theories such as the innovation market theory that are arising as a result of accelerated technology and globalization.

Reports, international

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Market power in the presence of an installed base

Article Abstract:

The Supreme Court's decision in Eastman Kodak Co v. Image Technical Services Inc has brought antitrust attention to the issue of market power when an installed base exists. Kodak lost a claim that it had no market power in an aftermarket for parts and services, and thus no effect on competition. However, it is possible for market power to exist with an installed base and yet not affect competition. Antitrust claims may prevail in such circumstances if there are high costs of switching or a locked-in consumer population.

Analysis, Economic aspects, Market share

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The role of efficiency considerations in the Federal Trade Commission's antitrust analysis

Article Abstract:

The Federal Trade Commission's analysis in California Dental Association marks a return to sound procedures for considering efficiency justifications for mergers. The Commission has lamented that efficiency predictions are difficult to disprove, but they are also difficult for merging parties to prove. The best approach is to allow parties to claim efficiency benefits as an affirmative defense to claims that a merger will have anticompetitive effects.

Acquisitions and mergers

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