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THE IMPACT OF THE NEW SUBSTANTIVE TEST IN EUROPEAN MERGER CONTROL

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Abstract:

This paper considers whether the new merger test has made any difference in the way the European Commission evaluates the competitive effects of mergers. The new test may close a gap in enforcement, which may have led to under-enforcement in the past, and it may add to clarity by eliminating ambiguities regarding the interpretation of the old test, which possibly led to over-enforcement in some cases. We conduct an exploratory review of recent cases notified under the new test where the Commission has identified competition concerns. There are strong indications the Commission has gradually adopted a more effects-based, equilibrium approach to merger control.

Keywords: Merger control

Document Type: Research Article

Publication date: April 1, 2006

More about this publication?
  • This scholarly, peer-reviewed publication of original articles and analysis of current developments in competition law is designed to complement and augment the existing literature with a special focus on European developments. Topics include:
    • Vertical and Conglomerate Mergers
    • Enlargement of the Union - the ramifications for Competition Policy
    • Unilateral and Coordinated Effects in Merger Control
    • Modernisation of European Competition law
    • Cartels and Leniency
    • Article 82- restatement or evolution?
hart/ecj/2006/00000002/00000001/art00002
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