Merger Remedies: An overview of EU and national case law

Introduction If a competition authority considers that a transaction it is reviewing will have a sufficiently negative effect on competition “a significant impediment to effective competition” to borrow the language of the European Commission, the authorities and the companies together reach a fork in the road. They could either fight in a win or loss scenario or negotiate modifications to the transaction sufficiently to remedy the concerns of the authority. In general, very few transactions require remedies. Since 2005 at the European level only around 5% of notified transactions resulted in remedies, in absolute terms, 149 cases of the 2,826 transactions notified. A similar position exists at the national level, as a sample, in the three years 2011 – 2013, four cases have been

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Authors

  • Quinn Emanuel Urquhart & Sullivan (Brussels)
  • Shearman & Sterling (Brussels)

Quotation

Stephen Mavroghenis, Sara Ashall, Merger Remedies: An overview of EU and national case law, 20 October 2015, e-Competitions Bulletin Merger Remedies, Art. N° 66423

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