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Buyer Power in Merger Control: An overview of EU and national case law

Over the past two decades the importance of buyer power analysis has grown. This has been caused by the refinement of competition economics – distinguishing between the traditional monopsony power and the more nuanced modality of bargaining power –, the growth of large retailers with market power as buyers and sellers, and fears concerning buyer (retailers’) power anticompetitive effects, for current and future competition. This special issue of e-Competitions discusses the role, rise and the importance of buyer power in concentration transactions. The competitive effects of buyer power are discussed in Section I; Section II analyses its role in mergers; while Sections III and IV summarize the most relevant cases in EU and national competition law, respectively; and Section V concludes.

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Ignacio Herrera Anchustegui, Buyer Power in Merger Control: An overview of EU and national case law, 1 February 2018, e-Competitions Buyer power in mergers, Art. N° 86095

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