This three short papers summarize the main points of the training course Law & Economics held on March18th 2010 on “Efficiency gains and horizontal merger control” by Concurrences. The importance of considering efficiencies cannot be underestimated, as shown in the Guidance on the Commission’s enforcement priorities in applying Article 102. In practice their impactremains nuanced. The Commission has assessed efficiency claims in a number of cases, but the defence has never succeeded. In the past six years the French Autorité de la Concurrence has been rather innovative in its approach. The decisions reviewed show the complexity of the different levels of analysis, which tend to mingle when it comes to the review of the effects of the relevant practices and of the potential efficiencies - the evidentiary burden being on the companies.
Access to this article is restricted to subscribers
Already Subscribed? Sign-in