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
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: Suggested Citation