L'efficacité du recours aux engagements en matière de contrôle des concentrations
AbstractThe definition of proper remedies has become an essential feature of the merger control. For the past ten years, commitments made by the merging parties have been used more and more frequently in both French and European law. The question is whether the use of such commitments as remedies is efficient. Efficiency is, indeed, the main concern of competition authorities, as shown by a recent study of the European Commission which focuses on the various causes of the ineffectiveness of remedies. On one hand, competition authorities try to enhance the effectiveness of commitments as remedies by imposing a strict framework for the acceptance of commitments. More particularly, the acceptance of commitments is based on a negotiation between the undertakings, competition authorities and third parties which has to succeed within an mandatory period of time. In this process, competition authorities have to make sure that the commitments made will, in fact, restore competition. On the other, competition authorities seek to ensure the correct implementation of remedies during both the negotiation process and subsequently when the commitments are executed. Ultimately, the competition authorities? decision is subject to judicial control.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoArticle provided by De Boeck Université in its journal Revue internationale de droit économique.
Volume (Year): t. XXI, 1 (2007)
Issue (Month): 1 ()
Contact details of provider:
Web page: http://www.cairn.info/revue-internationale-de-droit-economique.htm
merger control; remedies; effectiveness;
You can help add them by filling out this form.
CitEc Project, subscribe to its RSS feed for this item.
- Patrice Bougette, 2011. "Négociation d'engagements en matière de concentrations : une perspective d'économiste," Post-Print halshs-00580669, HAL.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Jean-Baptiste de Vathaire).
If references are entirely missing, you can add them using this form.