Power and Reach in European Antitrust Cases

38 Pages Posted: 31 May 2006

See all articles by Geoffrey Williams

Geoffrey Williams

Academy of Responsible Management

Alistair Lindsay

Allen & Overy

Emanuela Lecchi

Allen & Overy

Date Written: July 2003

Abstract

This study analyses antitrust decisions taken by the European Commission (the Commission) under the EC Merger Regulation (ECMR). We find that market share measures of dominance are highly significant in influencing the outcome of a decision. This runs contrary to some general pronouncements of the Commission emphasising that market shares provide no more than a "first indication" of whether a merger raises competition concerns. Contestability of markets is also important, as is the geographic reach of a proposed concentration, although there is no evidence of a systematic bias against US or Nordic incorporated firms. We argue that this is consistent with the view that the Commission's approach to antitrust cases reflects its role as a genuinely federal actor in determining and shaping merger control throughout the EU.

Keywords: Antitrust, European Commission, Probit Analysis

JEL Classification: C25, K21, L40

Suggested Citation

Williams, Geoffrey Alan and Lindsay, Alistair and Lecchi, Emanuela, Power and Reach in European Antitrust Cases (July 2003). Available at SSRN: https://ssrn.com/abstract=905209 or http://dx.doi.org/10.2139/ssrn.905209

Geoffrey Alan Williams (Contact Author)

Academy of Responsible Management

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Alistair Lindsay

Allen & Overy ( email )

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Prague, 110 00
Czech Republic

Emanuela Lecchi

Allen & Overy ( email )

V Celnici 4, 5th Floor
Prague, 110 00
Czech Republic

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