AAI’s Moss Discusses Merger Remedies at GCR Live 8th Annual Antitrust Law Leaders Forum

Diana Moss joined panelists at the GCR Live 8^th Annual Antitrust Law Leaders Forum on February 2, 2018. The panel: Mergers: Under-enforcement or ineffective remedies? addressed:

Rising corporate mark-ups are being linked to negative macro-economic effects including increasing inequality. Weak antitrust is cited as one cause. But would blocking more mergers change anything? Are there other remedies that might be more effective, assuming there is a problem to solve? What remedies have been used in other jurisdictions or in other regulatory proceedings? The remedy debate outside mergers is that fines are ineffective in correcting conduct which suggests it may be all the more important to get merger review right before industries become too concentrated.

• Is the skepticism on behavioural remedies in mergers ill-placed?
• How do we know if we are blocking the right “amount of mergers”?
• Would reform of our remedies in respect of dominant firm conduct take some of the pressure off merger review?

Moderator:
Renata Hesse, Sullivan & Cromwell LLP (Washington, DC)

Panel:
Gerwin van Gerven, Linklaters LLP (Brussels)
Diana Moss, President, American Antitrust Institute (Washington, DC)
Faustine Viala, Willkie Farr & Gallagher LLP (Paris)
David Wales, Skadden, Arps, Slate, Meagher & Flom LLP (Washington, DC)
Thomas Wollmann, Assistant Professor of Economics, The University of Chicago Booth School of Business (Chicago)