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Mergers, Litigation and Efficiency

Oliver Gürtler and Matthias Kräkel

No 22/2006, Bonn Econ Discussion Papers from University of Bonn, Bonn Graduate School of Economics (BGSE)

Abstract: We consider antitrust enforcement within the adversarial model used by the United States. We show that, under the adversarial system, the Antitrust Authority may try to prohibit mergers also in those cases in which litigation is ine? cient. Even if market concentration and technological disadvantages lead to a significant welfare reduction after merger, from society´s perspective the agency´s lawsuit may be ine? cient. We can show that these ine? ciencies may be aggravated if the takeover is hostile.

Keywords: hostile takeover; litigation contest; merger (search for similar items in EconPapers)
JEL-codes: D43 K21 L40 (search for similar items in EconPapers)
Date: 2006
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