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June 4, 2025

Merger Enforcement in the High-Tech Economy: The Role for a Dynamic Capabilities Framework

This article examines whether merger enforcement in high-technology industries has systematically failed to account for innovation effects and assesses the potential value of incorporating a dynamic capabilities framework into antitrust analysis. Despite claims that antitrust authorities ignore innovation, evidence suggests US agencies have routinely cited innovation concerns in tech merger challenges since 2000, though typically...
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