Collective Dominance: Its Intepretation and Assesment after Airtour in Merger Control

44 Pages Posted: 17 Oct 2016

See all articles by Prayogo Wisnumurti

Prayogo Wisnumurti

Center for Trade Competition and Policy Studies, Faculty of Law, University of Indonesia

Date Written: October 15, 2016

Abstract

On 6 June 2002, the European Court of Justice made its landmark judgment about collective dominance, in stated that for collective dominance to exist need the three criteria to be fulfilled. The Commission on is an assessment in merger control using a legal approach which was proving the market structure, to strengthen of collective dominance that can significantly impede competition which prohibited in the European Union legal order.

After the Judgement in which the way the Commission assess collective dominance in proposed concentration criticized by the Court. The Commission finally embrace economic nature in their assessment. It started to make the term collective dominance redundant in assessing the distortion on the market after the concentrations. Finally, the Commission focused on discovering implicit collusion. In summary, the analyses of the cases show that the assessments of collective dominance prior and then afterward the Airtours case are much varied.

Keywords: Collective Dominance, Merger Control, Implicit Collusion, Airtours Case

JEL Classification: L41, L44, L51

Suggested Citation

Wisnumurti, Prayogo, Collective Dominance: Its Intepretation and Assesment after Airtour in Merger Control (October 15, 2016). Available at SSRN: https://ssrn.com/abstract=2852834 or http://dx.doi.org/10.2139/ssrn.2852834

Prayogo Wisnumurti (Contact Author)

Center for Trade Competition and Policy Studies, Faculty of Law, University of Indonesia ( email )

Jl. Prof. Sumitro Djojohadikusumo
Depok, DKI 16424
Indonesia

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