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A Comparative Analysis Of EC And US Merger Control Law: The Substantive Rules

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Chapter Summary

This chapter concentrates on comparative analysis of the US and European Community (EC) merger control laws by focusing on the substantive rules. It looks at the methodologies for the definition of relevant markets. The chapter examines the approaches of the US and EC competition authorities for the assessment of the alleged anti-competition effects of mergers. It compares the scope of application of the substantive tests adopted by US and EC. The chapter also examines the Boeing/Mc Donnell Douglas and General Electric/Honeywell cases and reviews the different positions taken by the EC and the US on these mergers. It tries to identify the reasons of such a difference, which indicates the different goals of competition law, in confidence in market forces, in the availability of post-merger remedies and in the treatment of efficiencies. The chapter summarises the reasons which explains the divergent views between US and EC on merger cases.

Keywords: Boeing/Mc Donnell Douglas merger; competition law; European community (EC) merger control law; General Electric/Honeywell merger; substantive rules; US merger control law



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