Recent Developments in the Assessment of Efficiencies of EU Mergers

Abstract

This paper reviews the assessment of efficiency claims in recent EU mergers. It focuses on three broad issues:

(a) whether efficiencies should be distinguished from other types of "pro-competitive effects";

(b) how to establish the pass-on to consumers from efficiencies, and to balance this against any competition harm; and

(c) the relevance and implications of the distinction between static and dynamic efficiencies.

Note: This article is made available with the permission of Claeys & Casteels Law Publishing.