Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegate submissions and the background paper, all of which focused heavily on comparing the application of the create or strengthen a dominant position test (dominance test) and the substantive lessening of competition test (SLC test) to horizontal mergers, a number of key points emerge: (1) There are no pure or completely standardised dominance or SLC tests. Moreover, many jurisdictions employ a mix of the two and some include aspects of a public interest test. These nuances should be borne in mind when considering general statements comparing or contrasting the dominance and SLC tests.
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The OECD holds a roundtable on substantive criteria used for the assessment of mergers
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