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European Merger Control: Do We Need an Efficiency Defence?

  • Fabienne Ilzkovitz


  • Roderick Meiklejohn

This book examines the background to a change in the legal framework which occurred in May 2004 with the entry into force of a new Merger Regulation that for the first time explicitly recognises the possibility of an efficiency defence. European Merger Control assesses the likely impact of this new regulation, and discusses the pros and cons of the efficiency defence, how other merger control systems deal with efficiencies, how the investigation process can be organised to accommodate the analysis of efficiency gains and the main theoretical and practical problems which arise when anti-competitive effects have to be weighed against efficiency gains.

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Article provided by Springer in its journal Journal of Industry, Competition and Trade.

Volume (Year): 3 (2003)
Issue (Month): 1 (March)
Pages: 57-85

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Handle: RePEc:kap:jincot:v:3:y:2003:i:1:p:57-85
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  1. Paul de Bijl & Marcel Canoy & M. Bennett, 2001. "Future policy in telecommunications: an analytical framework," CPB Document 5, CPB Netherlands Bureau for Economic Policy Analysis.
  2. Röller, Lars-Hendrik & Stennek, Johan & Verboven, Frank, 2000. "Efficiency Gains from Mergers," Working Paper Series 543, Research Institute of Industrial Economics.
  3. Froeb, Luke & Tschantz, Steven & Werden, Gregory J., 2005. "Pass-through rates and the price effects of mergers," International Journal of Industrial Organization, Elsevier, vol. 23(9-10), pages 703-715, December.
  4. Werden, G.J. & G.J. & Froeb, L.M., 1995. "Simulation as an Alternative to Structural Merger Policy in Differentiated Products Industries," Papers 95-02, U.S. Department of Justice - Antitrust Division.
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