Merger Control and Antitrust Enforcement in the EU and US: A Comparative Analysis
Farantouris, N.E., Merger Control and Antitrust Enforcement in the EU and US: A Comparative Analysis, European Papers, no. 3, London 2003
This work focuses on recent developments in EU merger control and antitrust enforcement and identifies key areas where potential tensions might occur between the EU and US antitrust policy. Such divergences could lead to tensions between EU and US antitrust authorities and may have a damaging impact on companies, especially US corporations engaged in EU business. Taking into account the latest developments in EU competition law, this study identifies certain legal issues which may lead to substantially different assessments on both sides of the Atlantic. These include collective dominance and co-ordinate interaction, portfolio power, ‘failing firm’ defence, economic efficiency considerations, and vertical restraints.