In this article we will evaluate whether the application and the efficiency of two types of empirical analysis in the assessment of mergers in jurisdictions applying the dominance and the SLC tests are different due to the application of the different legal substantive test. Thus, we will...

This article deals with the assessment of a merger involving a failing firm. Competition authorities have recognised the importance of a merger/acquisition in avoiding bankruptcy as well as the impact of the failing firm defence on entry in the market and the role of potential dynamic or...

This article analyses how the concept of collective dominance is applied in the case law of the European Control Merger Regulation and how the assessment criteria have been developed through this case law precedence. In spite of the extensive development of the notion of collective dominance...

The study provides support for an impact assessment concerning the review of the Merger Regulation regarding minority shareholdings. In more precise terms, the study is broken down into two interrelated but discrete topics: (topic 1) the assessment of the features of a certain number of merger...

China’s Anti-Monopoly Law (AML) came into force in August 2008, and has been deemed “the equivalent of the United States’ (U.S.) Sherman Antitrust Act or the analogous portions of the Treaty Establishing the European Community.” From the very beginning, the merger control regime in China...

This article will start with presenting the Commission's approach towards efficiencies in mergers. The three above-mentioned EC cases will be analysed in order to assess the extent to which the Commission takes efficiencies into account in its merger assessment. Subsequently, the article will...

The Commission in dealing with merger cases is bound to a teleological approach, taking into account the purpose and intent of the ECMR. This paper will focus on the current criteria used in assessing collective dominance as they have been formulated after the landmark decision of the CFI in the...