2023-05-17-ITIF-为什么合并指导方针必须更多地支持生产力_创新和全球竞争力(英)_19页_266kb
报告摘要
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The report argues that U.S. antitrust merger guidelines should evolve to prioritize productivity, innovation, and global competitiveness, moving beyond a narrow focus on competition alone, especially in the context of global challenges like the U.S.-China rivalry.
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Key points include the need to incorporate factors such as foreign competition, innovation benefits from mergers, and not distort concepts like dynamic competition or potential competition, which are currently misused in enforcement.
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Recommendations call for guidelines to provide legal certainty based on established case law, consider international competitiveness and size neutrality (balancing efficiency gains with potential price effects), enhance interagency coordination for critical sectors, and amend legislation (e.g., National Cooperative Research Act) to allow joint commercialization and technology transfer.
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The report emphasizes that such reforms would better support U.S. economic growth, counterbalance aggressive merger policies elsewhere, and ensure merger reviews align with global realities.
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