Reviewing the EC Merger Control Regulation: present experience and practice and future directions

Leigh M. Davison (Leigh M. Davison is Head of Economics in the School of Economics at the University of Humberside, Hull, UK)
Edmund Fitzpatrick (Edmund Fitzpatrick is Head of Law in the School of Finance and Law at the University of Humberside, Hull, UK)

European Business Review

ISSN: 0955-534X

Publication date: 1 April 1996

Abstract

Examines, with special regard to business, the operation of certain aspects of the Merger Control Regulation (MCR), particularly the “one‐stop‐shop‐approach”, that is likely to be reappraised at the forthcoming inter‐governmental conference or the scheduled review of the MCR. Uses the critical concepts of certainty, uniformity and transparency, to explore the scope and effectiveness of the “one‐stop‐shop‐approach” with regard to: definition of a community dimension; distinct markets (Article 9 MCR) and parallel EC/member state enforcement (Article 21 MCR and Article 223 Treaty of Rome). Looks at the role of subsidiarity. Addresses the questionable interpretation by the Commission of the MCR’s applicability to oligopolistic dominance. Considers the proposal for an independent cartel office, particularly with regard to enhancing transparency and certainty in decision making. Concludes by proposing an alternative definition of community dimension, not based on the size of the parties measured by aggregate turnover of all their products, but rather on the competition spillover effects on the specific product markets affected by the concentration.

Keywords

Citation

Davison, L. and Fitzpatrick, E. (1996), "Reviewing the EC Merger Control Regulation: present experience and practice and future directions", European Business Review, Vol. 96 No. 2, pp. 11-17. https://doi.org/10.1108/09555349610111811

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MCB UP Ltd

Copyright © 1996, MCB UP Limited

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