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UK Merger Remedies under Scrutiny

Author

Listed:
  • Michael Harker

    () (Centre for Competition Policy, University of East Anglia)

Abstract

This 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.

Suggested Citation

  • Michael Harker, 2006. "UK Merger Remedies under Scrutiny," Working Papers 06-16, Centre for Competition Policy, University of East Anglia.
  • Handle: RePEc:ccp:wpaper:wp06-16
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    File URL: http://www.ccp.uea.ac.uk/publicfiles/workingpapers/CCP06-16.pdf
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    More about this item

    Keywords

    Merger remedies; divestiture; merger appraisal;

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law

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