A Re-awakening of the Failing Firm Defense in the EU in the Aftermath of COVID-19?
Competition Policy International, April 2020
13 Pages Posted: 13 May 2020
Date Written: April 2020
The COVID-19 crisis raises the question of how EU merger control will be adapted. In particular, whether the standards for accepting the so-called "failing firm defense" will be relaxed by the European Commission. We discuss the case law and make a few observations on how the FFD is going to play going forward.
Keywords: COVID-19, EU merger control, failing firm defense
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