Read the 10 best academic and business antitrust articles published in 2012!

Nominated by Julie Brill, Alexander Italianer, Frédéric Jenny, Bill Kovacic, Bruno Lasserre

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Unilateral Effects in Technology Markets: Oracle, H&R Block, and What It All Means

Scott A. Sher and Andrea Agathoklis Murino, Antitrust Magazine, Vol. 26, No. 3, Summer 2012.

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The theory of unilateral effects has been a formal part of merger analysis since the 1992 Merger Guidelines. The Federal Trade Commission and Antitrust Division of the U.S. Department of Justice for many years have applied the principle that a merger violates Section 7 of the Clayton Act where “merging firms may find it profitable to alter their behavior unilaterally following the acquisition by elevating price and suppressing output.” The article focuses on unilateral effects related to mergers in technology industry of the U.S. It mentions that the 1992 Horizontal Merger Guidelines expressed that unilateral effects could help to reduce competition. It mentions that in the U.S. Federal Trade Commission’s (FTC) lawsuit against CCC Holding Inc., the ruling reveals that judicial precedent is rooted in market shares.

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