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Antitrust in Orbit: Some Dynamics of Horizontal Merger Analysis in General and with Respect to XM-Sirius

Thomas W. Hazlett, Director, Information Economy Project, Law Faculty Home Page

Presentation Date: February 2008

Publication Date: Journal of Competition Law & Economics, 4(3), 753–773 (Sept. 2008)

Quick Links: Merger Analysis in High Technology Conference


pdf Download Presentation Slides (27 pages)

pdf Download Published Article (21 pages)


February 2008 -- (Presentation) XM-Sirius Merger: Sidak 5. Not counting reports, op-eds, ex parte filings. Hazlett 2. Numerical count not quality-adjusted. Public Service: No argument left unturned. No need to wait for Prof. Sidak’s “Fifth Supplemental” to arrive in our In Boxes.

(Published Article) Horizontal merger evaluation is heavily reliant on market definition. An SSNIP framework formats the analysis, and demand elasticity evidence used to apply the test is often sparse, as is often found in high-technology industries. This paper examines other sources of evidence that reveal the dynamics of market structure, data that are also probative in the evaluation of competitive effects. These sources include capital valuations of firms, financial event studies, and the public positions taken with respect to the merger by interested parties. Such evidence is examined in the XM–Sirius merger (2007–08) and shown—in two of the three instances—to be relatively informative in merger welfare analysis.


Citation

"Antitrust in Orbit: Some Dynamics of Horizontal Merger Analysis in General and with Respect to XM-Sirius" by Thomas W. Hazlett, Journal of Competition Law & Economics, 4(3), 753–773 (Sept. 2008), Quick Links: Merger Analysis in High Tech Markets Conference


Related Scholarship

"Technological Innovation and Merger Policy's Third Era" by Howard Shelanski (Presentation Feb. 1 2008), Quick Links: Merger Analysis in High Tech Markets Conference

"Market Definition in Online Markets" by Michael Baye, Journal of Competition Law & Economics, 4(3), 639–653 (Sept. 2008), Quick Links: Merger Analysis in High Tech Markets Conference

"Sky Wars: The Attempted Merger of Dish/DirecTV" by Richard Gilbert (Presentation Feb. 1 2008), Quick Links: Merger Analysis in High Tech Markets Conference

"Defining the Relevant Product Market for Google Google- DoubleClick Merger" by Hal Singer & Robert W. Hahn (Presentation Feb. 1 2008), Quick Links: Merger Analysis in High Tech Markets Conference

"Nice Theory, But Where's the Evidence?: The Use of Economic Evidence to Evaluate Vertical and Conglomerate Mergers in the U.S. and E.U." by Mary T. Coleman (Presentation Feb. 1 2008), Quick Links: Merger Analysis in High Tech Markets Conference

"Horizontal Mergers Among IP Licensors and IP Licensees" by Luke Froeb (Presentation Feb. 1 2008), Quick Links: Merger Analysis in High Tech Markets Conference

"Are 'Online Markets' Real and Relevant? From Monster/Hotjobs to Google/DoubleClick" by Bruce Abramson, Journal of Competition Law & Economics, 4(3), 655–662 (Sept. 2008), Quick Links: Merger Analysis in High Tech Markets Conference

"Antitrust in Orbit: Some Dynamics of Horizontal Merger Analysis in General and with Respect to XM-Sirius" by Thomas W. Hazlett, Journal of Competition Law & Economics, 4(3), 753–773 (Sept. 2008) , Quick Links: Merger Analysis in High Tech Markets Conference

"Evaluating Market Power with Two-Sided Demand and Preemptive Offers to Dissipate Monopoly Rent: Lessons for High-Technology Industries from the Proposed Merger of XM and Sirius Satellite Radio" by J. Greg Sidak and Hal J. Singer, Journal of Competition Law & Economics, 4(3), 697–751 (Sept. 2008), Quick Links: Merger Analysis in High Tech Markets Conference



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