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A Comparative Analysis Of EC And US Merger Control Law: The Institutional Framework And Procedural Rules

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Chapter Summary

The US and the EC (European Community) are the most vigorous and influential competition law enforcement jurisdictions. Mergers consummated by firms competing in global markets are likely to fall within the jurisdiction of the US and/or the EC. It is therefore advisable to examine the most prominent aspects of the merger control laws of these jurisdictions and the approaches followed by their competition authorities. The EC/US bilateral cooperation has been quite a successful venture since its inception; nonetheless it failed to prevent the EC and US from having divergent views on the legality of the same merger operations on two different occasions. The chapter describes and compares the main features of the institutional frameworks and procedural rules of the EC and US merger control regimes. EC Regulation 139/2004 also strengthens the investigative powers of the Commission, which now can obtain information by simple request or by decision.

Keywords: competition law; EC merger control law; European Community (EC)/US bilateral cooperation; institutional framework; US merger control law



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