Investegate announcements from Cargotec Corporation, Cargotec and Konecranes note CMA’s announced Provisional Findings regarding the planned merger of Cargotec and Konecranes
Konecranes and Cargotec note that the Competition & Market Authority of the United Kingdom (“CMA”) has today announced its Provisional Findings and published its Notice of Possible Remedies regarding the planned merger of Konecranes and Cargotec. The Provisional Findings represent CMA’s provisional conclusions and is the main means the CMA uses to consult the merging .
Several recent high-profile merger review cases in the life sciences space have focused on so-called innovation theories of harm a concern that the merger may decrease the level of innovation activities by the merging parties or their competitors and harm consumer welfare.
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Lawyers are trained to think logically and analytically. So, if a category ABC includes A, B, and C, one would expect the total, ABC, to be the same as A, B, and C measured separately. But it isn’t always. When human decision-making is factored in, the sum of A, B, and C measured separately will almost certainly be greater than ABC. That is called the “unpacking bias” – when a category is subdivided into parts, then a separate consideration of each of those parts will be greater than the consideration given toward the category when treated as a whole, rather than unpacked.