The CBA Competition Law Section's Economics and Law Committee and Mergers Committee present:
Non-Price Effects and Dynamic Efficiencies: The Rise of Qualitative Analysis
With the growing significance of the digital economy and the proliferation of products that are free to consumers, the analysis of qualitative effects is becoming increasingly important. The Thoma Bravo case is a recent example where non-price effects featured prominently. The Competition Bureau will discuss that case and its approach to non-price effects, including innovation.
In a similar vein, dynamic efficiencies are also starting to play a more significant role in the use of the efficiencies defence in merger cases. However, due to Tervita, there is an impetus to quantify to the extent possible. Brattle will discuss the identification and analysis of dynamic efficiencies and attempts to quantify them.
Finally, our panelists will discuss how these trends will affect parties’ approach to dealing with the Bureau and whether these considerations may someday overtake price effects and productive efficiencies in importance.
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