Documents/FTC2010/2: Maintain Competition/2.1: Anticompetitive Mergers and Practices/Indicator:3

Indicator: Performance Measure 2.1.3

[Quantitative::Outcome]

Measurements in/of Actions against mergers likely to harm competition in markets with a total of at least $25 billion in sales.

Relationships:

Type Target Actual Target Actual Target Actual Target Actual Target Actual Target Target
StartDate 2005-10-01 2005-10-01 2006-10-01 2006-10-01 2007-10-01 2007-10-01 2008-10-01 2008-10-01 2009-10-01 2009-10-01 2010-10-01 2011-10-01
EndDate 2006-09-30 2006-09-30 2007-09-30 2007-09-30 2008-09-30 2008-09-30 2009-09-30 2009-09-30 2010-09-30 2010-09-30 2011-09-30 2012-09-30
Dollars in Billions 40 13.4 25 42.6 25 14.9 25 22.3 25 22.5 25 25
Description $25.0 billion Target Not Met. The FTC’s positive merger results affected markets in which the total estimated volume of commerce was approximately $22.5 billion, or 90% of the annual target, as calculated using the average of the current fiscal volume of commerce year and the previous four years. During FY 2010, the FTC obtained positive results in 16 merger matters, resulting in 13 consent agreements, one of which was negotiated after the Commission issued an administrative complaint, and three transactions that were abandoned based on the antitrust concerns raised by staff during the course of the investigation. In the case of consent agreements, the actions taken by the FTC consist primarily of structural remedies, accompanied in some cases by conditions restricting the future conduct of the merged entity. In all 13 consent agreements stipulated in FY 2010, the parties agreed to divest certain crucial assets to resolve the competitive concerns raised by the Commission. Although the agency did not meet the target in FY 2010, as in the case of Performance Measure 2.1.1, it should be noted that there were five additional merger investigations, which were resolved with a consent, but are excluded from this measure because they did not involve the use of compulsory process. Data Source: Estimates of the volume of commerce associated with merger actions are prepared by the lead attorney responsible for an individual investigation, and subsequently subject to review by staff economists. The estimate is generated using the volume of commerce for the affected markets using public sources and confidential data submitted by the parties during the course of the investigations.