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The Tyranny of Market Shares: Incorporating Survey-Based Evidence into Merger Analysis

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In the article “The Tyranny of Market Shares: Incorporating Survey-Based Evidence into Merger Analysis,” published in Corporate Disputes, Analysis Group Managing Principal Rebecca Kirk Fair and Vice Presidents Rene Befurt and Emily Cotton explore the relevance of surveys in merger reviews. The authors discuss expanding the view of competition by looking beyond traditionally tracked market shares and focusing instead on consumers’ and businesses’ underlying purchasing behavior, as observed through various survey methodologies. By sharing insights on how consumer surveys can be used to better understand purchase decisions, the article provides the reader with alternative methodologies for considering market share data which is a critical input to many merger analyses and often a determining factor in agency merger approval.