Can merger remedies cause more harm than good?

Abstract This article investigates whether merger remedies, such as divestitures, can cause more harm than good using a model of firm conduct. The model is estimated leveraging the variation generated by a large divestiture in the US beer market. First, I find that price coordination, materialized through conduct parameters, acts as a countervailing force that limits the pro-competitive effects of a divestiture. Price coordination eliminates about 80% to 133% of the welfare gains from a divestiture. Second, based on counterfactual simulations, I show that a merger cleared with divestiture is likely to reduce consumer surplus more than a merger approved without divestiture (JEL K21, L4, L13).

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Publication Details

Journal
The Journal of Law Economics and Organization
Published
2026-01-13
DOI
https://doi.org/10.1093/jleo/ewag006
Primary Topic
Merger and Competition Analysis
Type
article
Field-Weighted Citation Impact
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article

Can merger remedies cause more harm than good?

Yann Delaprez
The Journal of Law Economics and Organization
Merger and Competition Analysis
article

Can merger remedies cause more harm than good?

Yann Delaprez
article en

Abstract

Abstract This article investigates whether merger remedies, such as divestitures, can cause more harm than good using a model of firm conduct. The model is estimated leveraging the variation generated by a large divestiture in the US beer market. First, I find that price coordination, materialized through conduct parameters, acts as a countervailing force that limits the pro-competitive effects of a divestiture. Price coordination eliminates about 80% to 133% of the welfare gains from a divestiture. Second, based on counterfactual simulations, I show that a merger cleared with divestiture is likely to reduce consumer surplus more than a merger approved without divestiture (JEL K21, L4, L13).

The Journal of Law Economics and Organization
University of Illinois Chicago (US), University of Chicago (US)
Openalex Percentile: Top 63%
Merger and Competition Analysis
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