Farrell and Shapiro (2008) have proposed a test – called the Upward Pricing Pressure (UPP) test – to evaluate potential unilateral effects of horizontal mergers. The general conclusion that seems to emerge from this comment is that the UPP test proposed by Farrell and Shapiro (suitably interpreted and properly implemented) could be useful for gauging potential unilateral effects in a variety of industries. In particular, the UPP test – or other “price pressure indices” – could be used, possibly together with other considerations, to establish a “safe harbor” for unilateral effects and/or a presumption of potentially adverse unilateral effects.
Antitrust implications of the build vs. buy playbook in the AI era
The rapid growth of artificial intelligence (AI) makes the build-versus-buy question particularly important. AI markets are evolving quickly, and firms must...