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Jones & Sufrin's EU Competition LawText, Cases & Materials

Jones & Sufrin's EU Competition Law: Text, Cases & Materials (8th edn)

Brenda Sufrin, Niamh Dunne, and Alison Jones
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date: 13 April 2024

p. 107115. Mergerslocked

p. 107115. Mergerslocked

  • Alison Jones, Alison JonesSolicitor, Professor of Law, King’s College London
  • Brenda SufrinBrenda SufrinSolicitor, Emeritus Professor of Law, University of Bristol
  •  and Niamh DunneNiamh DunneSolicitor, Associate Professor of Law, London School of Economics

Abstract

This chapter discusses the regime for controlling mergers which have an ‘EU dimension’ under the European Union Merger Regulation (EUMR). The chapter examines: the purposes of merger control; the history of the EUMR; the scheme of the EUMR and the concept of the ‘one-stop shop’; jurisdiction under the EUMR, including the definition of a ‘concentration’ and what amounts to an ‘EU dimension’; procedure, including Phase I and Phase II proceedings; the substantive appraisal of horizontal, and non-horizontal, mergers under the EUMR and the test of significantly impeding effective competition (SIEC); EUMR statistics; appeals; and international issues. It considers current controversial issues, including whether merger control is sufficiently rigorous, how acquisitions of start-ups or impacting on innovation should be assessed, whether a new substantive test for appraisal of mergers is required, and whether, and if so when, public interest (or non-competition) factors, such as the impact of a concentration on jobs, equality, sustainability, democracy, industrial policy, or national security, should affect the appraisal of a merger.

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