Premium
The Role of Undertakings in Regulatory Decision‐Making
Author(s) -
Fels Teresa,
Gans Joshua S.,
King Stephen P.
Publication year - 2000
Publication title -
australian economic review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.308
H-Index - 29
eISSN - 1467-8462
pISSN - 0004-9018
DOI - 10.1111/1467-8462.00132
Subject(s) - commission , competition (biology) , business , industrial organization , law and economics , public economics , economics , finance , ecology , biology
The Australian Competition and Consumer Commission (ACCC) has powers under the Trade Practices Act 1974 (Cwlth) to accept undertakings from industry participants interested in taking actions, such as mergers, that may potentially be anticompetitive. This paper analyses the role of undertakings, focusing on horizontal mergers. We demonstrate that undertakings can provide an imperfectly in‐formed regulator with a credible signal of the positive social benefits of a proposed merger. In particular, if the merged parties undertake not to reduce their output following the merger, then the merger will only be proposed if it results in net social benefits. We discuss the practical issues of implementing a behavioural undertaking such as a minimum quantity commitment, and argue that these are no less difficult than other regulatory activities currently pursued by the ACCC.