Market tests in antitrust and merger control proceedings

Nowadays, commitments decisions of the competition authorities are, most of the time, preceded by a consultation of third parties. These "market tests" have become a central step of the antitrust procedure and merger control. The authors of this Tendances present their experience in using this tool. They expose the practice before the competition authorities, its issues, and give some elements to improve the procedure.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Introduction David BOSCO Professor, Aix-Marseille University 1. It is probably no longer necessary to stress the importance of decisions adopted with commitments by the parties in contemporary antitrust law and merger control. Everyone measures the extent of the phenomenon by reading the activity reports published by our competition authorities, and the doctrine has not failed to give it the consideration it deserves. In the contentious path that is followed up to the adoption of such decisions, however, there is one stage that remains regrettably little explored to this day. These are the market tests by which third parties to the procedure are called

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  • DG COMP (Brussels)
  • University of Aix-Marseille
  • RBB Economics (Paris)
  • DG COMP (Brussels)
  • GMU Antonin Scalia Law School (Arlington)
  • German Competition Authority (Bonn)
  • Euclid Law (Brussels)
  • Clifford Chance (Paris)


Céline Gauer, David Bosco, Etienne Pfister, Simon Genevaz, Tad Lipsky, Andreas Bardong, Oliver Bretz, Katrin Schallenberg, Market tests in antitrust and merger control proceedings, February 2013, Concurrences N° 1-2013, Art. N° 50433,

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