This presentation by Paulo Burnier (OECD Competition Expert) was delivered during a workshop on mergers held in the framework of the 2021 Virtual African Competition Forum on 29 June 2021.
3. 1. Introduction
i. Merger control trends
2. Main challenges
i. Notification thresholds
ii. Market power
iii. Theories of harm
iv. Effects including efficiency analysis
3. Final remarks
Summary
3
7. Number of merger prohibitions
(2015-2019)
7
Source: OECD Competition Trends (2021)
10
15 16
24
27
24
40
32
40 40
0
5
10
15
20
25
30
35
40
45
2015 2016 2017 2018 2019
Total number of prohibitions Total number of withdrawn notifications
8. Types of merger decisions (2019)
8
Source: OECD Competition Trends (2021)
Phase I clearances
without remedy
95.7%
Phase I
clearances with
Remedies
0.7%
Phase II
clearances
without remedy
2.2%
Phase II clearances
with Remedies
1.0%
Prohibitions
0.4%
Other
4.3%
11. Market power
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• Lock-in consumers
• Switching costs
• Challenges for multi-homing
Network effects
• Zero or low marginal costs
• Economies of scope to enter related markets
Economies of scale
• Gatekeeper of platforms
• Ecosystems and conglomerate effects
• Leveraging strategies to gain market power in new markets
Business models
Market definition is a simple tool to assess market power
12. Theories of harm
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• Forced free riding
• Abusive leveraging
• Privacy policy tying
New theories of harm
• Exclusivity
• Margin squeeze
• Bundling
• Market foreclosure
Traditional theories of harm
Variants of established concepts
13. Effects
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• New entrants
• Market-share evolution
• Contractual
• Potential effect
Anticompetitive effects
• Innovation
• Quality
• Consumer satisfaction
Efficiency analysis
Balancing the risks of over and under-enforcement