What determines horizontal merger antitrust case selection?

What is it about?

U.S. antitrust agencies claim their antitrust enforcement mission is to protect consumers, promote fair competition, and maintain efficiency. Are antitrust practices consistent with this claim? We explore this question by examining antitrust selection of horizontal merger cases in the U.S. manufacturing sector during 1980–2009. We find that antitrust agencies are more likely to intervene when foreign import pressure is low, merger industry concentration hits a hurdle level, or local or less specialized rivals suffer unfavorable wealth effects. We find no evidence that antitrust agencies systematically respond to the wealth effects of either customers in general or more affected customers. Our findings can be a useful reference for calibrating the efficiency of antitrust regulation and enforcement.

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Why is it important?

This study provides systematic evidence of the efficiency and inefficiency associated with antrtrust case selection decisions. It also assesses the extent to which antitrust agents fulfill their claimed objectives, i.e., protect consumers, promote fair competition, and maintain efficiency.