Settlements in EC merger control proceedings: a summary of EC enforcement practice and a comparison with the United States

Article Abstract:

The control of business mergers by the Commission of the European Community involves antitrust analysis and settlements which resemble and differ from the methods in the US. EC procedures are different from the US and have only been in effect for less than three years. Both the US and the EC rely upon orders for partial divestiture of assets by sale as a typical settlement. Yet both have innovated many alternative solutions to maintain competition. These alternatives to divestiture include assurance of competitors' independence, asset leasing, intellectual property licensing and future behavior guarantees.

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What makes mergers anticompetitive?: "unilateral effects" analysis under the 1992 merger guidelines

Article Abstract:

Economic analysis of the potential for unilateral anticompetitive conduct in proposed mergers has not received the same attention as analysis of the potential for coordinated anticompetitive conduct. Study of the potential of unilateral exercise of market power should be considered a significant part of merger analysis. Such analysis must focus on whether the market leader involved in a merger will be able to extract monopoly profits due to increased competition. Monopoly profits must be distinguished from efficiency and technology gains.

United States

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The substantive test of the EEC merger control regulation: the first two years

Article Abstract:

The Merger Control Regulation of the Council of Ministers of the EEC has been used well and does not hinder national competition. The Council uses a criterion of competition when testing for the compatibility of a merger with the Common Market, and problems of analysis for dominance can be corrected by adding criteria for oligopoly or joint dominance.

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