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Le contrôle des concentrations en Europe et aux États-Unis. Critères économiques et sécurité juridique


  • Frédéric Marty


The European Union?s Court of First Instance has overturned several decisions of the European Commission relative to mergers and acquisitions on the ground of failures in the economic assessment of their competitive consequences. As a solution, the Commission, inspired by the US experience, found her decisions less on legal formal criterions than on a case by case economic assessment. Nevertheless, the academic debates relative to economic theories used by antitrust, as coordinated effects or efficiency gains could create an additional legal uncertainty, prejudicial to firms, which encounter more difficulties to foresee the antitrust authority?s decision. If this decision were more soundly based in theory, it would appear as more discretional. JEL codes: K10, K21, L13, L40.

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  • Frédéric Marty, 2007. "Le contrôle des concentrations en Europe et aux États-Unis. Critères économiques et sécurité juridique," Revue de l'OFCE, Presses de Sciences-Po, vol. 100(1), pages 85-120.
  • Handle: RePEc:cai:reofsp:reof_100_0085

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    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • L13 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Oligopoly and Other Imperfect Markets
    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General


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