Mergers and Acquisitions

Background

Mergers and acquisitions are common in the utility and telecommunications industries. Mergers of competitors or related companies could increase their market power. They also reduce competition. As a result, they require approval from both state and federal regulators. Regulators determine whether a proposed merger might otherwise harm consumers, such as through higher prices. They also look at whether it would make it difficult for new competitors to enter the market.

Regulators evaluate whether a merger would allow the newly formed company to engage in marketing and pricing practices that could disadvantage consumers. They also examine whether the merger or acquisition would make it difficult to regulate the industry. In addition, they consider whether to condition approval of the merger or acquisition upon the company’s agreement to engage in actions for the benefit of consumers, such as agreeing to expand certain service offerings.

MERGERS AND ACQUISITIONS: Policy

MERGERS AND ACQUISITIONS: Policy

Utility company mergers

Policymakers should only approve mergers that demonstrate net long-term, enduring, and sustainable consumer benefits.

Mergers that threaten regulatory protections for residential ratepayers should be prohibited, as should mergers that do not increase economic efficiency.

Mergers that reduce market competition or possibly lead to residential rate increases should not be permitted.

Policymakers must ensure that ratepayers do not bear the costs and risks of utility mergers or takeovers.