ON-TOPIC: MERGERS - CONTROL - REFORM - EX POST REVIEW

Should ex post evaluations be generalized?

This series of articles analyses French competition policy in the field of merger control, in particular it addresses the issue of the implementation of the ex post evaluation mechanism. This set is introduced by Jean-Mathieu Cot (COT LAW), and gathers contributions from Séverine Schrameck (CGSH), Étienne Chantrel and Étienne Pfister (French Competition Authority). Each article questions the benefits, limits and risks posed by such a reform.

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Introduction Jean-Mathieu Cot Lawyer, COT LAW, Paris 1. In an increasingly complex and mobile world, taking into account a dynamic analysis of the markets imposes choices and bets on the future. Ex post evaluation is therefore the counterpart of a certain right to make mistakes advocated by Jean Tirole [1]. It makes it possible to assess the effects of the decisions that have been taken, of a policy that has been adopted and of the resources used to implement this policy. It allows a competition authority to have a satisfied view of the work accomplished. Ex-post evaluation also and above all allows for improvement, for correcting what can be

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Etienne Chantrel, Jean-Mathieu Cot, Etienne Pfister, Séverine Schrameck, Should ex post evaluations be generalized?, February 2020, Concurrences N° 1-2020, Art. N° 92660, pp. 22-38

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