This paper analyses the merger control instruments available to overcome a crisis of a company and highlights their role in the 2008/09 global financial market crisis. It concludes that the German merger control regime is well equipped to overcome any (further) banking crisis as long as the...

The concurrence of recession and extended length of proceedings has led to a massive increase since 2009 in the number of applications to the European Commission for a reduction of a cartel fine due to an enterprise's "inability to pay." This raises the fundamental question whether the "death...

This article serves two purposes, (i) to introduce “The Comparative Order and its Implementation,” a seminal article published in 1949 by Walter Eucken, ordoliberalism's, or the “Freiburg School's,” most prominent scholar, and (ii) to compare some ordoliberalist competition policy...

This paper examines the evolution of the use of economics in EC competition policy matters and the reforms in the use of economics that occurred in the latter part of EC Competition Commissioner Mario Monti's term (1999-2004). Under his predecessors, the use of economics had been steadily...