A Brief Assessment of the Procompetitive Effects of Organizational Restructuring in the Ag-Biotech Industry
ICLE Antitrust & Consumer Protection Research Program White Paper 2017-2
30 Pages Posted: 24 Jun 2019
Date Written: May 09, 2017
This paper identifies and responds to several of those misconceptions, focusing in particular on the claims raised in a 2016 working paper produced by the Agricultural and Food Policy Center at Texas A&M University, entitled Effects of Proposed Mergers and Acquisitions Among Biotechnology Firms on Seed Prices (“Texas A&M Report” or “Report”). Fundamentally, the Texas A&M Report incorporates flawed or incomplete antitrust law and economics in its condemnation of the pending mergers by alleging likely harms without considering their likely countervailing and procompetitive benefits. Further, the potential harms alleged are premised on unsound or outdated economic theory, or rooted in inconsistent or inaccurate characterizations of the deals, the industry, and its competitive dynamics. The Report’s substantial flaws make it an unsuitable guide to proper antitrust policy regarding the proposed deals.
Keywords: Agriculture, Antitrust, Biotech, Consolidation, Economic Analysis, Efficiencies, Innovation, Intellectual Property, Merger Guidelines, Mergers, Patent, Vertical Restraints
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