Competition Enforcement and Accounting for Intangible Capital

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Authors: John D. Kepler, CHARLES G. MCCLURE, Christopher R. Stewart
Cited by: 1
References: 69

Abstract

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.

Fields of Study & Subjects

Corporate Finance and Governance Intellectual Property and Patents Intellectual Capital and Performance Analysis

Publication details

Journal / source
The Journal of Finance
Publisher
Wiley
Volume
81
Issue
3
Pages
1217–1263
Publication date
6 February 2026
Language
EN