Remedies in EU Merger Control - An Essential Guide

89 Pages Posted: 1 Apr 2021 Last revised: 7 Apr 2021

See all articles by Simon Vande Walle

Simon Vande Walle

University of Tokyo - Graduate Schools for Law and Politics

Date Written: February 9, 2021

Abstract

Remedies are central to understanding EU merger control. They come in many variations - from massive divestitures paving the way for deals such as Bayer / Monsanto to intricate interoperability remedies in cases such as Google / Fitbit - but they all share the same goal: ensuring that mergers do not cause lasting harm to competition.

In spite of their importance, few works discuss remedies in any depth. This work tries to - pardon the pun - remedy this.

It aspires to describe and analyze the contemporary law and practice of remedies in EU merger control. It deals with fundamental questions, such as: have remedies been effective? how are remedies designed and enforced? But it also covers nuts and bolt issues such as fix-it-first remedies, upfront buyer clauses, arbitration clauses and purchaser criteria.

Keywords: competition law, antitrust law, merger control, remedies

JEL Classification: K21

Suggested Citation

Vande Walle, Simon, Remedies in EU Merger Control - An Essential Guide (February 9, 2021). Available at SSRN: https://ssrn.com/abstract=3782333 or http://dx.doi.org/10.2139/ssrn.3782333

Simon Vande Walle (Contact Author)

University of Tokyo - Graduate Schools for Law and Politics ( email )

7-3-1 Hongo Bunkyo-Ku
Tokyo, 113-0033
Japan

HOME PAGE: http://www.simonvandewalle.eu

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