The European Commission's remedial practice displays important differences in the type of remedies accepted in merger as opposed to antitrust cases. This paper briefly reviews the Commission's remedies practice over the last 14 years highlighting the differences and discussing inconsistencies....

The quantification of damage due to price overcharges necessarily involves the estimation of pass-on. This paper clarifies that pass-on is simply another way of describing the optimal reaction of firms to changes in their environment. It also addresses common misconceptions about a firms'...

The European Commission's remedial practice displays important differences in the type of remedies accepted in merger versus antitrust cases. This paper provides a review of the Commission's remedies practice over the last 14 years highlighting the differences and discussing inconsistencies. In...

Market definition is one of the most important analytical tools for competition authorities to examine and evaluate competition problems. By defining a relevant market, then calculating and assigning market shares, competition authorities seek to assess the market power of firms, which is of...

The principles underlying the quantification of damage are universal. Differences between jurisdictions therefore do not originate in economics. In a cartel, the damage of direct purchasers arises from the portion of the price increase that is not passed on to indirect purchasers together with...

This paper discusses the asymmetric use of structural remedies in merger control and antitrust in EU competition law. This asymmetry is explained by what is considered an erroneous legal perception concerning the subsidiarity of structural remedies over behavioural ones under Article 7 of...

Following the standard (acquisition of control) merger logic, merger control regimes have typically treated horizontal minority shareholdings as a matter of coordinated effects. As in a standard horizontal merger case, the transaction implies full control of the target firm and joint profit...

The damages directive recently adopted by the European Parliament and the Council contains a rebuttable presumption regarding the damage presumably caused by cartels. This rebuttable presumption, while allowing a reversal of the burden of proof which may be procedurally justified in facilitating...

In the context of its ambitious State Aid Modernisation work, the European Commission presented new guidelines on Rescue and Restructuring (R&R) aid in 2014. In this paper the consequences for generic R&R aid and in particular the balancing test for State aid proposed by the guidelines are...