ARTICLES : COMPETITION POLICY - MERGER CONTROL - PUBLIC INTEREST - NON-COMPETITION-RELATED GOALS

Institutional design of enforcing public interest considerations in merger control

The author analyses whether or not competition policy should aim to achieve non-competition-related goals. Should other considerations than consumer welfare be taken into account in the standard merger assessment? Furthermore, the author examines how competition regimes can meet the public interest objectives through competition law. Finally, the question is raised whether there is an universal solution indicating how to enforce public interest considerations in merger control despite the special characteristic and political and historical backgrounds of the countries. [1]

I. Introductory remarks 1. There is an ongoing debate on whether or not competition policy should aim to achieve non-competition-related goals. Thus, including considerations other than consumer welfare (i.e., pubic interest considerations) into the standard merger assessment is a controversial issue. Public interest considerations widen the horizon of such assessment, [2] but might also encourage political lobbying, which decreases the impartiality of the system and shifts the focus from competition related matters to other agendas. 2. Even though considerations, which extend beyond consumer welfare, can also be found in relation to antitrust procedures, [3] this article will solely focus on public interest considerations in merger control, due to two main reasons. Firstly, more

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Author

  • Hungarian Competition Authority (Budapest)

Quotation

Aranka Nagy, Institutional design of enforcing public interest considerations in merger control, February 2018, Concurrences Review N° 1-2018, Art. N° 86085, www.concurrences.com

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