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The Implementation Of The European Commission'S Merger Regulation 2004: An Empirical Analysis

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  • Borja Martinez Fernández
  • Iraj Hashi
  • Marc Jegers

Abstract

The factors influencing the European Commission's decisions under the 2004 Merger Regulation are assessed on a sample of 50 cases. Probit analysis results in the finding that the probability of nonclearance in phase I of the procedure is significantly affected by the estimated market share increase due to the proposed merger, the contestability of the market, and the presence of barriers to entry. Furthermore, there is some evidence that the Commission's decisions are biased against market leaders involved in proposed mergers.

Suggested Citation

  • Borja Martinez Fernández & Iraj Hashi & Marc Jegers, 2008. "The Implementation Of The European Commission'S Merger Regulation 2004: An Empirical Analysis," Journal of Competition Law and Economics, Oxford University Press, vol. 4(3), pages 791-809.
    • Handle: RePEc:oup:jcomle:v:4:y:2008:i:3:p:791-809.
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    File URL: http://hdl.handle.net/10.1093/joclec/nhn006
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    Citations

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    Cited by:

    1. Sven Heim & Kai Hüschelrath & Ulrich Laitenberger, 2016. "The Duration of the EC Merger Control Process: Determinants and the Impact of the 2004 Merger Regulation Reform," International Journal of the Economics of Business, Taylor & Francis Journals, vol. 23(1), pages 37-62, February.
    2. Dzmitry Bartalevich, 2017. "EU competition policy and U.S. antitrust: a comparative analysis," European Journal of Law and Economics, Springer, vol. 44(1), pages 91-112, August.
    3. Caroline Buts & Marc Jegers & Tony Joris, 2011. "Determinants of the European Commission’s State Aid Decisions," Journal of Industry, Competition and Trade, Springer, vol. 11(4), pages 399-426, December.
    4. Federico Mini, 2018. "Fifty is the New Forty: EU Merger Policy Permits Higher Market Shares After the 2004 Reform," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 53(3), pages 535-561, November.

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