CEU Electronic Theses and Dissertations, 2008
| Author | Kijowski, Filip A |
|---|---|
| Title | THE SUBSTANTIVE TEST IN THE REGULATION 139/2004/EC AND THE U.S. SUBSTANTIAL LESSENING OF COMPETITION TEST |
| Summary | This thesis examines areas of convergence between the European Union and the United States in substantive assessment of mergers, focusing in particular on the effects of change of the substantive test introduced by the EC Merger Control Regulation 139/2004/EC. In order to evaluate the degree of convergence between both regimes of merger control in the area of substantive analysis of mergers, developments in statutory laws, merger guidelines, as well as in courts’ and competition authorities’ decisions from both sides of the Atlantic will be analyzed. While there is an ongoing convergence in certain areas of individual merger assessment criteria in the European Union and United States, significant disparity in policies may substantially slow down any attempts for a broader convergence. It will be argued, however, that removal of the requirement to establish dominance in challenging mergers and inclusion of unilateral effects analysis in the European Union merger control, combined with improvement of economic rationale used by the European Commission, brought the two merger control regimes more in line in substantive merger assessment. In consequence, the European Commission’s substantive assessment allows for a more accurate prediction of outcomes of merger assessment, which is a significant development for the global business community. |
| Supervisor | Stuyck, Jules |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2008/kijowski_filip.pdf |
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