Early Settlement in European Merger Control1. (26th April 2016)

• Record Type: Journal Article
• Authors: Garrod, Luke; Lyons, Bruce
• Is Part Of: Journal of industrial economics. Volume 64:Number 1(2016:Mar.)
• Page Start: 27
• Page End: 63
• Publication Date: 2016-04-26
• Subjects: Industrial organization (Economic theory) -- Periodicals; 338
• DOI: 10.1111/joie.12093
• Languages: English
• ISSNs: 0022-1821

Abstract

Abstract : We analyse the determinants of early settlement between merging parties and the European Commission over remedies that remove concerns of anticompetitive effects. This extends the previously narrow range of econometric literature on early settlement. Consistent with the theory of early settlement, our results confirm the importance of delay costs and of uncertainty, measured by the complexity of the economic analysis required for each merger. We also find a non‐monotonic effect of agency resourcing, which raises questions about the Commission's efficiency in times of high case load. Econometrically, we select a sample of merger decisions in which the European Commission intervened due to concerns of anticompetitive effects, and our selection model provides estimates of the factors determining intervention by the Commission. Conclusions are drawn for public policy.