Comparing the US & the EU Failing Firm Defense: Reflections from an Economic Perspective

Posted: 4 Apr 2016

See all articles by Marianela López-Galdos

Marianela López-Galdos

George Washington University - Competition Law Center

Date Written: Mayo 1, 2016

Abstract

The purpose of this paper is to compare the failing firm defense under the European Union and the United States antitrust regimes. In order to do so, the relevant case law and regulations will be studied. Moreover, to better understand the difficulties that the enforcement of the failing company defense brings about, the main problems of the application of this doctrine will be explained. Finally, other considerations such as efficiencies and social and environmental concerns related to the failing firm defense will be explored.

Keywords: Competition Policy, Failing Firm Defense, Bankruptcy, European Union, US Antitrust

Suggested Citation

López-Galdos, Marianela, Comparing the US & the EU Failing Firm Defense: Reflections from an Economic Perspective (Mayo 1, 2016). Loyola Consumer Law Review, Vol. 27, No. 2, 2016, Available at SSRN: https://ssrn.com/abstract=2757894

Marianela López-Galdos (Contact Author)

George Washington University - Competition Law Center ( email )

2121 I Street NW
Washington, DC 20052
United States

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