UK Merger Remedies under Scrutiny
Michael Harker
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Michael Harker: Centre for Competition Policy and Norwich Law School, University of East Anglia
No 2006-16, Working Paper series, University of East Anglia, Centre for Competition Policy (CCP) from Centre for Competition Policy, University of East Anglia, Norwich, UK.
Abstract:
This paper focuses on the Somerfield decision of the Competition Appeal Tribunal (CAT). In that decision, the CAT demonstrated a high degree of deference to the Competition Commission where the latter was scoping divestiture remedies in a merger case. This approach is consistent with the case law of the US and EC and, it is argued, is appropriate given the need for procedural expediency. The decision is placed in the wider context of the debates over the efficacy of merger remedies and the appropriate limits of judicial supervision of agency discretion in this area.
Keywords: Merger Remedies; Divestiture; Merger Appraisal (search for similar items in EconPapers)
JEL-codes: K21 (search for similar items in EconPapers)
Date: 2006-10-01
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Persistent link: https://EconPapers.repec.org/RePEc:uea:ueaccp:2006_16
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Juliette Hardman, Center for Competition Policy, University of East Anglia, Norwich Research Park, Norwich, NR4 7TJ, UK
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