ARTICLES: MERGER CONTROL - COMPETITION AUTHORITIES - CHALLENGES - REMEDIES

Navigating merger regimes across the globe: What are the new challenges?

Faced with new challenges in the context of a global bout of consolidation, competition authorities adapt their competitive assessments and their approaches to remedies and monitoring, in order to ensure both effective merger control and innovative and pragmatic solutions, when these are called for. To address these challenges and provide consistent answers in Europe, it is necessary to engage in a shift from the current regulatory patchwork to a true "European merger area".

Introduction 1. The Second Global Mergers Conference is a great occasion to draw the lessons of this very rich year in terms of merger control. This year’s edition is focused on merger control as the source of M&A obstacles; obviously, I will reject the notion that merger control is and of itself an obstacle to external growth strategies: the Autorité, for one, is very careful to limit remedial action to those cases that truly require it. However, consistency and convergence are indeed instrumental in the development of a merger control which is effective while avoiding undue burdens and risks for companies. 2. The title “navigating merger regimes across the globe” is a wink to my intervention last year: I provided you with a detailed analysis of the risks inherent to

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