IBA Annual Conference Sydney 2017

8 Oct - 13 Oct 2017

Room C3.6, Convention Centre, Level 3

Session information

Non-price considerations in merger review
Room C3.6, Convention Centre, Level 3


Antitrust Section (Lead)


For a long time, price effects have been the focus of merger review procedures in many jurisdictions – newly established and more mature systems alike. The yardstick by which to measure transactions has consistently been whether a transaction will result in customers paying more for the same products. Recent enforcement action seems to suggest a shift in focus: non-price effects are becoming more relevant for purposes of the assessment. Authorities realise that, in a world that is heavily driven by innovation – be it in computer software or raw material exploration services – the effect that consolidation may have on the development of new ideas for products and services may be just as relevant for consumer welfare as the development of prices of such services. This adds a significant dimension to the analysis, challenging merging parties, their advisers and third parties, as well as antitrust enforcers to come up with theories of harm (or justifications for their transactions) that appropriately describe the effects of such deals on competition in a modern world. Is this a trend that we are likely to see more of as the political landscape seems to shift in many places?

Session / Workshop Chair(s)

Janet McDavid Co-Chair, Antitrust Section
Marc Reysen REYCOL , Frankfurt, Germany; Senior Vice Chair, Antitrust Section


Roger Featherston Australian Competition and Consumer Commission, Canberra, Australian Capital Territory, Australia
Janet Hui JunHe LLP, Beijing, China; Publications Officer, Antitrust Section
Thomas Janssens Freshfields Bruckhaus Deringer, Brussels, Belgium; Vice Chair, Antitrust Section
Youngjin Jung Kim & Chang, Seoul, South Korea; Working Group Officer, Antitrust Section
Dave Poddar Quay Law Partners, Sydney, New South Wales, Australia