简明反垄断法法英文指南/赵庆庆译(23)
Potential competition mergers
潜在竞争合并
A potential competition merger is the acquisition of a company that is planning to enter a market and compete with the acquiring company (or vice versa). It results in the elimination of a potential competitor. That can be harmful in two ways. For one thing, it can prevent the increased competition that would result from the firm’s entry. For another, a firm can have a procompetitive effect on a market simply by being recognized as a possible entrant. The reason? The firms already in the market will avoid raising prices to levels that would make the outside firm’s entry more likely. The elimination of the potential entrant through a merger would remove the threat of entry and make anticompetitive pricing a real possibility.
A potential competition merger is the acquisition of a company that is planning to enter a market and compete with the acquiring company (or vice versa). 它的后果是排除了一个潜在的市场竞争者。此类合并在两个方面显示出了它的危害性：一方面，它妨害了因一家新公司进入市场而引起的市场竞争加剧；另一方面，a firm can have a procompetitive effect on a market simply by being recognized as a possible entrant. 原因是什么呢？市场上原来的公司总是避免将价格提高到令场外公司更有可能进入的水平。通过合并来排除潜在的市场进入者将会消除一新进入市场的竞争者所带来的威胁，同时使反竞争性的定价行为成为可能。
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