Competition policy and the competing interpretations of the notion of substantial part of the Common Market

Edmund Fitzpatrick (Edmund Fitzpatrick is Head of Law, University of Lincolnshire and Humberside, Hull, UK)
Leigh Davison (Leigh Davison is Head of the Department of Business Management, Hull Business School, University of Lincolnshire and Humberside, Hull, UK)

European Business Review

ISSN: 0955-534X

Publication date: 1 August 1997

Abstract

Notes that the notion of a “substantial part” of the Common Market (European Union) has significance in terms of European competitive regulation and policy. Points out that without this term European competition policy would be limited to cases involving the whole of the Community. Examines a range of competing interpretations of this key term and reveals that the European Court and the European Commission have adopted different interpretations in dealing with the issue of a “substantial part”. Considers the reasons for this divergence and suggests that proposals for revisions to Article 9 of the Merger Control Regulation may end the divergence.

Keywords

Citation

Fitzpatrick, E. and Davison, L. (1997), "Competition policy and the competing interpretations of the notion of substantial part of the Common Market", European Business Review, Vol. 97 No. 4, pp. 179-186. https://doi.org/10.1108/09555349710175306

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MCB UP Ltd

Copyright © 1997, MCB UP Limited

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