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Mergers and coordinated effects: An overview of EU and national case law

A merger operation can entail coordinated effects when it leads to a market structure enabling the firms within it to adopt or ensure more effective coordination of their competitive behaviour even without entering into an agreement or resorting to a concerted practice. Concern over coordinated effects has long been at the core of U.S. merger policy. By contrast, merger control in the European Union, consistent with the dominance test of Regulation 4064/89 [1], originally focused on whether the transaction would give the new entity a dominant position. We had to wait until 1998 for the Court of Justice of the European Communities (hereafter «CJEC», now the Court of Justice of the European Union) to confirm that the Regulation was to be interpreted as allowing collective dominant

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Alexandra Lamothe, Stéphane Hautbourg, Mergers and coordinated effects: An overview of EU and national case law, 28 March 2012, e-Competitions Bulletin Mergers & Coordinated effects, Art. N° 44487

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