'Breaking Up is Hard to Do' - National Merger Remedies in the Information and Communication Industries

In merger control, the separation or alteration of business units, assets, and third party relationships in such a way as to allow all parties to remain viable presents a great challenge— a challenge that parties and competition authorities attempting to remedy the competition concerns of a merger often have to face. For mergers in the information and communication sector, the challenge can be even greater than usual. The determination of the appropriate scope of a divestiture remedy, the design of remedies to safeguard against potential foreclosure effects, and the monitoring of service levels and competitive pricing is particularly difficult because of the rapid technological change, the presence of network effects, and the legacy of regulation of access to infrastructure and content that tend to characterize this sector.


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