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A Comparative Analysis Of Merger Control Laws Enacted By Other Jurisdictions

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Chapter Summary

A comparative analysis for the most important elements of the merger control laws enacted by different jurisdictions from the US and the European Community (EC). This chapter compares the different institutional frameworks for merger control, in particular how countries allocate regulatory powers, from the investigative to the decision-making functions. It considers the rules that govern the merger control proceedings before the various national competition authorities. The chapter talks about the substantive tests and standards which each national competition authority apply to assess the validity of mergers. It analyses the consequences for competition authorities and merging parties caused by different national competition laws. There exist three general models of substantive tests for the appraisal of mergers, apart from the newly-minted hybrid EC test. These are: the substantial lessening of competition test, the market dominance test and the public interest test.

Keywords: competition law; institutional frameworks; jurisdictions; merger control laws; substantive test



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