Assess the Importance of the Counterfactual in Merger Assessment with Regards to the Failing Firm Defence

E.C.L.R. 2012, 33(12), 576-582

10 Pages Posted: 12 Jan 2014

Date Written: 2012

Abstract

Examines the European Commission's practice with regard to the failing firm defence as an element of its counterfactual assessment under Regulation 139/2004 (Merger Regulation), and considers whether the three stage test for the defence should be interpreted more flexibly in times of economic crisis. Discusses the role of the counterfactual assessment within the merger control process.

Keywords: Economic conditions; EU law; Merger control; Rescue mergers

Suggested Citation

Kyprianides, George P., Assess the Importance of the Counterfactual in Merger Assessment with Regards to the Failing Firm Defence (2012). E.C.L.R. 2012, 33(12), 576-582. Available at SSRN: https://ssrn.com/abstract=2377308

George P. Kyprianides (Contact Author)

University of Reading ( email )

Whiteknights
PO Box 217
Reading, Berkshire RG6 6AH
United Kingdom

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