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Challenges for EU Merger Control

Massimo Motta and Martin Peitz

CRC TR 224 Discussion Paper Series from University of Bonn and University of Mannheim, Germany

Abstract: The proposal to relax EU merger control to allow for anti-competitive 􀇲European Champions􀇳 may lead policy makers to update current merger control. While we see little merit in this specific proposal, we recommend a revision that goes into a different direction and, in particular, addresses mergers of potential competitors and the burden of proof. Thus, our proposal aims at the EC addressing problems of under-enforcement and making better-informed decisions. However, we would find it sensible to introduce in the Merger Regulation a clause whereby in exceptional and well-defined cases a merger, which would otherwise pass muster on competition grounds, may be prohibited due to defence, strategic and security of supply considerations.

Keywords: Merger policy; European Union; potential competitor; safe harbour; national champion (search for similar items in EconPapers)
JEL-codes: K21 L41 L52 (search for similar items in EconPapers)
Pages: 12
Date: 2019-03
New Economics Papers: this item is included in nep-com, nep-eur, nep-ind, nep-law and nep-reg
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