CASE COMMENTS: MERGERS - HORIZONTAL MERGER- DIFFERENTIATED PRODUCTS MARKETS - ABSENCE OF UNILATERAL EFFECTS - UNCONDITIONAL CLEARANCE DESPITE HIGH MARKET SHARES
Unilateral effects: The European Commission holds that the level of market shares is not a relevant criterion on differentiated products markets (Adidas Reebook)
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– EC Commission, 24 January 2006, Adidas / Reebok, Case COMP/M. 3942.
The merger between Adidas and Reebok in the sports footwear sector gave rise to an interesting analysis of unilateral effects by the Commission, which largely disregarded market shares to conclude that the transaction did not affect competition.
With regard to market definitions, the question arose as to whether a distinction should be made between sports footwear used to actually practise a sport and footwear used for leisure or
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