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.