The European Union’s draft Merger Guidelines assign multiple meanings to several key terms, making competition enforcement less predictable. Anouk van der Veer, Max van Iersel, and Giorgio Monti explore the Guideline’s inconsistent use of three of these terms: competitiveness, dynamic, and capabilities.

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The European Union’s draft Merger Guidelines consider import competition from foreign rivals to be a powerful competitive constraint on domestic producers, thus easing clearance for mergers between those domestic competitors. This stipulation ignores how a merger between domestic rivals can lead to subsequent trade barriers, writes Felix Montag.

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The Affiliate Fellows cohort at the Stigler Center at Chicago Booth is a multidisciplinary group of economists, business scholars, lawyers, and political scientists.

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Change is the core theme of the European Union’s draft Merger Guidelines, which seek to embed flexibility into merger assessment to account for the dynamic interactions between firms, markets, and different policy areas and take seriously innovation and long-term effects. The European Commission does not abandon the structural and “more economic approach” to merger enforcement, but rather gives it a dynamic twist.

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Although the European Union’s draft Merger Guidelines acknowledge that consolidation in digital platforms can harm the democratic process, they need to up their efforts to protect media competition and a quality public sphere. Vicky Robertson provides three steps to rectify this oversight.

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The European Commission draft merger guidelines reorient merger analysis to focus on “capabilities”: how firms compete in current markets and pivot to future ones. However, the guidelines combine “capabilities” with what strategic management scholars call “resources.” This erroneous amalgamation oversimplifies merger assessment and risks inaccurate analysis, writes Selcukhan Unekbas.

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The European Commission’s draft merger Guidelines adopt the advice of the Draghi report on European Union competitiveness to tailor competition law to promote goals that have traditionally fallen under industrial, trade, and national security policy. Conceptual ambiguity and the convergence of these policy areas risk undermining consumer welfare, entrenching incumbents, and opening regulation to business capture, write Annika Stöhr and Oliver Budzinski.

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The caution of Judge Amit Mehta’s remedy in the Google Search case is unlikely to open internet search to competition. Steve Salop recommends several amendments to the remedy that can improve competition without undercutting the revenue that has benefited Google’s partners to date.

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Digital marketplaces make comparing credit lending options easier for potential borrowers. However, Jeromee "JJ" Johnson cautions that online platforms may be turning comparison itself into a signal to lenders—at a cost to applicants.

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New research by Hosein Maleki, Mahsa Kaviani, Simi Kedia, and Shay Pourvosoughi shows that women-owned firms are less likely to get a second chance after filing for bankruptcy and that the gap between male- and female-owned firm filings widens when courts are overloaded.

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