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Journal of Finance Vol. 81 No. 3 2026

Competition Enforcement and Accounting for Intangible Capital

John D. Kepler1; Charles McClure; Christopher R. Stewart2,3

1 Stanford University · 2 New York Times · 3 University of Hong Kong

open access

Abstract

Antitrust laws mandate review of mergers and acquisitions (M&As) that exceed an asset size threshold based on accounting standards that exclude most intangible capital. We show that this exclusion leads to thousands of intangible‐intensive M&As being nonreportable. Acquirers in nonreportable deals achieve higher equity values and price markups, especially when consolidating product markets. Furthermore, nonreportable pharmaceutical deals are three times more likely to involve overlapping drug projects, which are subsequently 40% more likely to be terminated. Our results suggest that the growth of intangible assets may exacerbate market power through nonreportable consolidation of the sectors most concerning for consumers.

DOI
10.1111/jofi.70028
Volume
81
Issue
3
Pages
1217-1263
Language
en
Sources
openalex crossref

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