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Pepsi Coke Antitrust Case


Nearly all future mergers would be permitted.
            
             • Under current AT enforcement guidelines, might this decision be reconsidered?.
             No. The approval of both mergers would have increased the HHI by 893 points to 3,266. Today, any merger resulting in an HHI over 2000 is presumed likely to result in anti-competitive behavior.
            
             • What does this imply as to the relative strength of economic (efficiency) forces versus political (equity) considerations over time?.
             Political agendas concerning equity generally tend to override efficiency considerations. .
             DISCUSSION.
             The two mergers proposed by soft drink giants, Coca-Cola and PepsiCo, were in violation of the existing US Anti-Trust laws. In rejecting both potential acquisitions, the FTC set an important precedent for anti-trust cases. Many believe that if the FTC allowed these mergers, nearly all future merger proposals would be approved.
             The FTC chose to disallow the mergers on the grounds that the market would become excessively concentrated. Using the Herfindahl-Hirshman Index (HHI) as a guideline, the mergers exceeded the approved limits. A merger with a post market concentration above 1800) is likely to be challenged (providing the merger partners have market shares that cause the HHI to rise by more than 100). The merger between Coke and Dr. Pepper would have resulted in an HHI increase of 548. The merger between Pepsi and Seven Up would have increased the HHI by 345 points. If both mergers were approved the HHI would have increased by 893 points to 3,266. .
             These numbers are way above what the HHI Guideline determined to be an acceptable level. Even without the merger the HHI was 2373; a number well above the 1800 mark. This may be in large part due the Soft Drink Interband Competition Act of 1980. This act protected companies from certain aspects of the anti-trust laws. Each merger in and of itself created cause for concern.


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