Introduction [1] The EU Courts have played an important role in the evolution of the EU Merger Regulation (the “EUMR”), [2] acting as an effective check on its application by the European Commission (the “Commission”), exerting discipline over Commission decisions in the same way as U.S. courts discipline the U.S. federal agencies’ determinations of whether mergers should be allowed to proceed. [3] From the outset, they recognized that “no amount of … internal checks and balances can provide the same amount of scrutiny as comprehensive review by an independent, external body.” [4] Although judicial deference is embedded in the EU system of merger control, the EU Courts have nevertheless been ready to subject Commission decisions to careful and comprehensive review, [5] interpreting broadly
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Mergers & Judicial review: An overview of EU and national case law
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