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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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