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Minority Shareholdings: An overview of EU and national case law

Minority shareholdings feature routinely in EU antitrust law. While there is no customised regime specific to them, in most respects they have been satisfactorily accommodated within the general rules. The European Commission’s June 2013 consultation document [1] invited views on the utility of extending the European Merger Control Regulation (EUMR) regime to minority shareholdings, citing concerns over a possible enforcement gap. The position developed in this contribution will be that there is indeed such a gap, and that a limited and focused change would be welcome, in order to address the relatively limited number of – nevertheless important – cases presently escaping antitrust review. But care will be needed not to upset the equilibrium of other branches of the law which already

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Alec J. Burnside, Minority Shareholdings: An overview of EU and national case law, 17 September 2013, e-Competitions Bulletin Minority Shareholdings, Art. N° 56676

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