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The 1992 Guidelines were revised in 1997, almost concurrently with the FTC's challenge of the Staples-Office Depot merger in federal court. The 1997 Horizontal Merger Guidelines were replaced on August 19, 2010. [9] These guidelines introduced the concept of "upward pricing pressure" resulting from a merger between competing firms.
Benefits of horizontal integration to both the firm and society may include economies of scale and economies of scope. For the firm, horizontal integration may provide a strengthened presence in the reference market. [5] This means that with the merger, two firms would then be able to produce more revenue than one firm alone.
Mergers and acquisitions with HHI scores of 2,500 or above will be considered anti competitive and an in-depth analysis produced, if the scores are well above 2,500 they are considered to enhance market power they may only be allowed to progress when significant evidence is shown that the merger or acquisition will not increase market power.
In 1982 the U.S. Department of Justice Merger Guidelines introduced the SSNIP test as a new method for defining markets and for measuring market power directly. In the EU it was used for the first time in the Nestlé/Perrier case in 1992 and has been officially recognized by the European Commission in its "Commission's Notice for the Definition of the Relevant Market" in 1997.
Horizontal integration can result in economies of scale, economies of density [1] and be anti-competitive. When two companies with similar products or product characteristics merge horizontally, there is less competition. Horizontal mergers can also easily lead to a monopoly, reducing consumers' choices and indirectly harming consumers' interests.
The vast majority of significant competition issues associated with mergers arises in horizontal mergers. [1] A horizontal merger is one between parties that are competitors at the same level of production and/or distribution of a good or service, i.e., in the same relevant market. [2] There are two types of anticompetitive effects associated ...
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According to former Telecom Regulatory Authority of India (TRAI) chief Pradip Baijal, the board "was created to deal with the change in status quo outside government and given a quasi-judicial structure, to act in favour of public good, but has perhaps joined the tribe of numerous rent-seekers in the public ownership structure". [20]