The European Community Merger Regulation: -Efficiency in Community merger control

University essay from Lunds universitet/Juridiska institutionen

Abstract: This thesis presents a closer look into the application of the Merger Regulation on various transactions concerning the concentration of undertakings, and it begins with an analysis of the legislative winds of change leading up to its adoption, followed by a closer assessment of some of the results of the reform with relevance to the basic theme of the thesis, namely efficiencies. Furthermore, the thesis offers a presentation of some essential cases in combination with an assessment of the merging parties' possibilities to present defences and commitments in order to ensure their proposed merger's approval. It also provides a brief review of the highly debated concept of an efficiency offence in Community merger control. The next section deals with the issue of efficiencies and the position they hold in merger assessments. In this area, the thesis is aimed at offering a variety of perspectives on the concept of efficiencies. The thesis will also touch upon the issues of consumer welfare as an incentive behind Community merger control. The thesis does certainly not aspire to present a complete depiction of the economic aspects of European merger control and the function of efficiencies, as this would be too daunting a task at this level. In order to close up the bag the thesis also offers an attempt to evaluate the possible future of Community merger control, particularly with regards to the effects of the abovementioned reform. The last chapter contains some brief concluding remarks. The overall analysis of the Community Competition Law will be limited to the Merger Regulation and will not linger on the legal provisions of the EC Treaty in articles 81 and 82.

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