LAW AND ECONOMY : MERGERS - UNILATERAL PRACTICES - PROCEDURES - COMMITMENTS - STRUCTURAL COMMITMENTS - BEHAVIORAL COMMITMENTS - PRINCIPLES - PRACTICE

Economic analysis of remedies in competition law

This set of three papers is derived from the training session on the commitments organized by Concurrences Review that has held on 10th May 2011 in Paris. Commitments for both mergers and unilateral practices represent what may be considered a bright outcome, from the perspective of undertakings as well as competition authorities. To be implemented, commitments go through procedures and abide by principles, which have been experienced in practice and as a result polished. Many cases are nowadays settled or authorized through commitments, either structural or based on future behavior, which as a matter of fact tend to be combined. The frequent use of commitments makes their array as diverse as sophisticated while the traditional difference between, on the one hand structural remedies tailored for mergers and, on the other hand, behavioral commitments assumed more adapted for unilateral practices, seems to fade away.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Economic Analysis of Competition Law Remedies Viewpoint of the Competition Authority Thibaud VERGE Chief Economist, Competition Authority 1. In merger control, as in the control of anti-competitive practices, the Commercial Code allows the authority to accept commitments made by the notifying or respondent companies. 2. In merger control, commitments are mainly used to avoid outright prohibition of a transaction where commitments can be given, without jeopardising the merits of the transaction, to resolve the competition concerns raised by the transaction. Thus, the number of transactions prohibited by the competition authorities remains very limited:

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David Spector, Jacques-Philippe Gunther, Thibaud Vergé, Economic analysis of remedies in competition law, September 2011, Concurrences N° 3-2011, Art. N° 37464, www.concurrences.com

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