ARTICLE : MERGER - REMEDIES - FRENCH AND EC REGIMES - FOLLOW-UP - CONTROL - JURISDICTIONAL REVIEW - MONITORIING TRUSTEE

Merger remedies: A call for a stricter control

The credibility of the system of merger control relies on the fact that firms comply with the remedies. The importance of this issue has been increased by the development of behavioural remedies and by the increasing complexity of the different types of structural remedies. In this context, the adequacy of the material means of the French competition authority and the procedure of sanction in case of nonfulfilment can be questioned. The contractual mechanisms defined in remedies aimed at ensuring compliance could bear some improvements, both for structural and behavioural remedies. This topic is dealt by a leading article from a practitioner, accompanied by two briefs papers, one from the Rapporteur général of the French Competition Council, and another from two representatives relating their experience as monitoring trustees in various EC member States. This set of three articles (the two first in French, the last one in English) is written by leading practitionners, both lawyers and monitoring trustees, and the Rapporteur général of the French Competition Council.

On this issue, see also: Martijn Snoep, The Dutch competition authority seeks views on draft revised remedies guidelines, e-Competitions, June 2007-II

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. MONITORING THE IMPLEMENTATION OF COMMITMENTS IN FRENCH MERGERSIs the existing system commensurate with the stakes? Nathalie JALABERT-DOURY Counsel to the Court Laurent NOUVEL Counsel to the Court In June 2006, the Director General for Consumer Competition and the Repression of Fraud, Mr. Guillaume Cerutti, stressed during an AFEC conference and then in the same columns that the monitoring of the respect of the commitments was "obviously a central issue, since the credibility of the entire system depends on the way in which the commitments are monitored and respected". However, five years after the entry into force of the new merger control

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Authors

  • Mayer Brown (Paris)
  • Regional Economic Service of the French Embassy (Finland)
  • Imperial College Business School (London)
  • Added Value Capital Partners (AVCP) (Royston)
  • Air Liquide (Paris)

Quotation

Nathalie Jalabert-Doury, Nadine Mouy, Thomas Hoehn, Matthew Gaved, Laurent Nouvel, Merger remedies: A call for a stricter control, May 2007, Concurrences N° 2-2007, Art. N° 13603, pp. 29-38

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