UK Merger Remedies under Scrutiny
AbstractThis paper focuses on the Somerfield decision of the Competition Appeal Tribunal (CAT). In that decision, the CAT demonstrated a high degree of deference to the Competition Commission where the latter was scoping divestiture remedies in a merger case. This approach is consistent with the case law of the US and the EC and, it is argued, is appropriate given the need for procedural expediency. The decision is placed in the wider context of the debates over the efficacy of merger remedies and the appropriate limits of judicial supervision of agency discretion in this area.
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Bibliographic InfoPaper provided by Centre for Competition Policy, University of East Anglia in its series Working Papers with number 06-16.
Length: 24 pages
Date of creation: Oct 2006
Date of revision:
Merger remedies; divestiture; merger appraisal;
Find related papers by JEL classification:
- K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
This paper has been announced in the following NEP Reports:
- NEP-ALL-2007-07-07 (All new papers)
- NEP-COM-2007-07-07 (Industrial Competition)
- NEP-IND-2007-07-07 (Industrial Organization)
- NEP-LAW-2007-07-07 (Law & Economics)
- NEP-REG-2007-07-07 (Regulation)
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