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On Wednesday, June 15, 2016, the American Antitrust Institute hosted its 2016 Invitational Symposium, Non-price Effects And Mergers: A Multidisciplinary Perspective. The symposium examined the increasing importance of and emphasis on non-price dimensions of competition in merger analysis. This included the effects of a merger on competition involving product quality, variety, service, innovation, etc. Experts from law, economics, and the business schools convened to offer insights on the nature and prospective role of non-price effects in merger analysis, challenges that they pose for antitrust enforcement, and suggested approaches for highlighting and integrating such analysis into enforcement decisions and competition policy.
The symposium featured two panels and a capstone roundtable discussion. The first panel featured multidisciplinary perspectives from the economics, law, and the business schools. This panel took up issues relating to strategic management and marketing decisions, integration decisions, R&D strategy, and product positioning as they pertain to variety, quality (including privacy concerns), service offerings, and innovation. The second panel gathered experts from the enforcement community experienced in a variety of merger cases involving non-price effects. They debated the substantive and evidentiary issues involving non-price effects in merger analysis, with the goal of sketching a landscape against which non-price effects can gain traction in enforcement decision-making and inform competition policy more generally.
Welcome and Introductions
Diana Moss, President, American Antitrust Institute
Overview of the Symposium
Gregory T. Gundlach, Distinguished Professor of Marketing, Coggin College of Business, University of North Florida
Non-Price Effects of Mergers: Insight and Experience from Economics, Law and Business
Moderator:
Gregory T. Gundlach, Distinguished Professor of Marketing, Coggin College of Business, University of North Florida
Panelists:
Peter N. Golder, Professor of Marketing, Tuck School of Business at Dartmouth
John Kwoka, Neal F. Finnegan Distinguished Professor of Economics, Northeastern University
Melissa Schilling, Professor of Management and Organizations, Leonard N. Stern School of Business, New York University
Patrick Woodall, Research Director & Senior Policy Advocate, Food & Water Watch
Changing the Enforcement Paradigm: Approaches to Integrating Non-Price Effects into Merger Enforcement and Policy
Moderator:
Diana Moss, President, American Antitrust Institute
Panelists:
Oliver Richard, Director, Center for Economics, U.S. Government Accountability Office
Carin Zelenko, Director, Capital Strategies, Teamsters
Daniel E. Haar, Counsel to the Assistant Attorney General, U.S. Department of Justice Antitrust Division