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Panel 1: Latest Developments in Mergers Assessment: What Consequences on Substance and Procedure?
One of the questions that have been discussed a lot in recent years is whether merger control has failed to some extent and whether it has not been strict enough. In particular, it is possible to identify several developments. For example, the U.S. Department of Justice and the Federal Trade Commission are revising their merger guidelines. Thus, many questions are being asked about whether merger control is becoming stricter, about the standard of proof, theories of harm, the development of presumptions that are linked to the larger size of the company, etc.