By Rachel Brandenburger, Logan Breed & Falk Schöning –
This article considers how the U.S. and EU antitrust agencies assess the impact of a merger on innovation. Merging parties may argue that their merger will improve the merged company’s ability to innovate, and innovation-based arguments may also be used to demonstrate that current market shares are not indicative of the parties’ potential future market power.
Merging parties should consider the potential procompetitive and anticompetitive effects of their merger on innovation from the outset and be prepared for discussions about this hot topic with the agencies reviewing their merger.
