TY - JOUR AU - Katz,Michael L. AU - Shelanski,Howard A. TI - Merger Policy and Innovation: Must Enforcement Change to Account for Technological Change? JF - National Bureau of Economic Research Working Paper Series VL - No. 10710 PY - 2004 Y2 - August 2004 UR - http://www.nber.org/papers/w10710 L1 - http://www.nber.org/papers/w10710.pdf N1 - Author contact info: Michael L. Katz UC, Berkeley Haas School of Business 545 Student Services #1900 Berkeley, CA 94720-1900 E-Mail: katz@haas.berkeley.edu M1 - published as Michael L. Katz, Howard A. Shelanski. "Merger Policy and Innovation: Must Enforcement Change to Account for Technological Change?," in Adam B. Jaffe, Josh Lerner and Scott Stern, editors, "Innovation Policy and the Economy, Volume 5" The MIT Press (2005) AB - Merger policy is the most active area of U.S. antitrust policy. It is now widely believed that merger policy must move beyond its traditional focus on static efficiency to account for innovation and address dynamic efficiency. Innovation can fundamentally affect merger analysis in two ways. First, innovation can dramatically affect the relationship between the pre-merger marketplace and what is likely to happen if a proposed merger is consummated. Thus, innovation can fundamentally influence the appropriate analysis for addressing traditional, static efficiency concerns. Second, innovation can itself be an important dimension of market performance that is potentially affected by a merger. We explore how merger policy is meeting the challenges posed by innovation. ER -