52 Antitrust Bull. 603 (2007)
Merger Remedies in the European Union: An Overview

handle is hein.journals/antibull52 and id is 631 raw text is: THE ANTITRUST BULLETIN: Vol. 52, Nos. 3 & 4/Fall-Winter 2007 : 603

Merger remedies in the
European Union: An overview
BY MASSIMO MOTTA,* MICHELE POLO,**
AND HELDER VASCONCELOS***
I.  MERGER REMEDIES IN THE EU
Under the Merger Regulation 4064/89,' the European Commission
(EC) assesses proposed concentrations (the legal term which
comprehends mergers and acquisitions, as well as full-function joint
ventures) on the basis of whether or not they would create or
strengthen a dominant position as a result of which effective
competition would be significantly impeded in the common market
or a substantial part of it.' If it raises competition concerns, the EC
*  European University Institute (Florence), Universit di Bologna and
Centre for Economic Policy Research (London).
** IGIER, Bocconi University (Milan).
Universidade Cat6lica Portuguesa (Porto) and Centre for Economic
Policy Research (London).
Council Regulation No. 4064/89, 1989 0. J. (L 395).
The fact that the EC uses a dominance test rather than the substantial
lessening of competition test as does the United States is obviously of
paramount importance when discussing merger remedies in specific cases.
The same is true for the consideration of efficiency gains, which are usually
disregarded in the EC merger policy. However, we do not discuss them here.
Note that the recent EC's Green Paper o the Revicw of the Merger Re.ulation
COM (2001) 745 final (December 11, 2001), opens a discussion on both issues.
0  2007 by Federal Legal Publications, Inc.

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