THE QUALITY OF ANALYSIS OF IRISH MERGER DECISIONS

Paul Gorecki

Journal of Competition Law and Economics, 2014, vol. 10, issue 2, 375-397

Abstract: Patrick Massey raises serious concerns about the quality of analysis in the Irish Competition Authority's merger determinations. One of the five mergers reviewed could have been cleared, others perhaps prohibited. Suggestions are made for improving the merger control process. A careful examination of the concerns put forward by Massey finds that several of Massey's are incorrect, invalid, or confused, accepts that sometimes Massey's concerns reflect legitimate differences in view, and demonstrates that in the one case where Massey points out an error, this error did not materially change the finding in the relevant case. Notwithstanding this analysis, there is considerable merit in Massey's suggestion for an ex post merger review of the Competition Authority's determinations, but little merit in his proposal for third-party appeals to be included in the forthcoming revision of competition law in Ireland.

JEL-codes: K21 L12 L13 L41 (search for similar items in EconPapers)
Date: 2014
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Persistent link: https://EconPapers.repec.org/RePEc:oup:jcomle:v:10:y:2014:i:2:p:375-397.

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Journal of Competition Law and Economics is currently edited by Nicholas Economides, Amelia Fletcher, Michal Gal, Damien Geradin, Ioannis Lianos and Tommaso Valletti

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