[0] https://batesonlaw.com/divisional-merger-tactic-how-liabilit...
[1] https://www.creditandcollectionnews.com/u-s-supreme-court-de...
[1] https://www.investors.dupont.com/news-and-media/press-releas...
I intended it to point out that it’s too easy to merge companies together but it’s effectively impossible to stop someone from becoming anticompetitive without a real consequence.
If we can’t make it easier to rip them apart then we shouldn’t be so slap-happy about approving them in the first place.
> legislation needs to either make it just as hard to merge two companies as it is to unmerge them
"The laws says X" doesn't change whether X is possible or not.
In a merger you can take as long as you want to go from
1. Two separate companies except at the end of the quarter we add their revenue and expenses together in a spreadsheet to transition to
2. One fully integrated organization
And usually you are becoming more efficient and saving time and money as you integrate.
Splitting a company needs to happen quickly or you'd get all sorts of weird effects where coworkers are ostensibly competitors whilst sharing resources during the transition. And you have to expend a huge amount of effort. Just a couple random complex systems that need to be untangled off the top of my head: physical property and leases, IP space for every IT service you run, multi-year contracts with every vendor from janitorial to SaaS, multi year contracts with customers depending on how the split goes, and of course all the intermingled finances and HR and spreadsheets every company in the world lives on. I'm sure there's thousands more considerations.
I agree antitrust is a big problem that needs to be solved. But "it should be the same amount of effort to merge and split a company" is just fantasy.
What makes splitting a company out difficult isn't (directly) a financial or paperwork burden - it's that tightly integrated systems are very difficult to untangle. There is nothing analagous that could be introduced in the merger process. You could add a mandatory delay, but that's not making it "as hard", it's just making it slower.
what is the purpose of regulation except to resist entropy in such strategic places?
Or we could just roll antitrust policy back to what it was before Ronald Reagan and Robert Bork installed the Consumer Welfare Standard, the idea that companies must be allowed to merge if they can scribble a tall tale with crayons on butcher paper about how the merger will benefit consumers, for sure, pinky promise. This is obviously mega-rigged, it comes from the Robber Baron era, it was defeated before (look up Louis Brandeis) and it can be defeated again (look up Lina Khan). They didn't even change the talking points (dontcha know, the Standard Oil monopoly reduced the price of Kerosene by 70%?!) -- time is a flat circle when it comes to anti-trust policy. Let's spin it back to the part of the circle where we win.
I think that despite this reform being a blunt instrument it would work surprisingly well.
It would allow companies that should have declined to decline and it would give massive incumbents a major incentive to innovate in-house.
Phillip Morris / Altria / Kraft / Mondelez
HP / HPE / Agilent / Keysight