This article deals with some important and complex issues which concern the assessment of a merger involving a failing firm. Competition authorities have recognised the importance of a merger/acquisition in avoiding bankruptcy as well as the impact of the failing firm defence on entry in the...

This article deals with the assessment of a merger involving a failing firm. Competition authorities have recognised the importance of a merger/acquisition in avoiding bankruptcy as well as the impact of the failing firm defence on entry in the market and the role of potential dynamic or...

This article analyses how the concept of collective dominance is applied in the case law of the European Control Merger Regulation and how the assessment criteria have been developed through this case law precedence. In spite of the extensive development of the notion of collective dominance...

The study provides support for an impact assessment concerning the review of the Merger Regulation regarding minority shareholdings. In more precise terms, the study is broken down into two interrelated but discrete topics: (topic 1) the assessment of the features of a certain number of merger...

The article will discuss the boundaries of UK merger control set by national security concerns against the background of public interest considerations in the decisional practice of the competent authorities. The article will first present an overview of the existing legal framework for...

The Commission in dealing with merger cases is bound to a teleological approach, taking into account the purpose and intent of the ECMR. This paper will focus on the current criteria used in assessing collective dominance as they have been formulated after the landmark decision of the CFI in the...

The accuracy and outcome of the market definition process can substantially alter the assessment of the Commission of a particular merger since the degree of competition in a market crucially depends on how the boundaries of the market in product and geographical terms determine the presence and...