UK Merger Remedies Under Scrutiny

CCP Working Paper No. 06-16

Posted: 30 Jan 2007 Last revised: 7 Nov 2008

See all articles by Michael Harker

Michael Harker

Univeristy of East Anglia - Norwich Law School - ESRC Centre for Competition Policy

Date Written: October 1, 2006

Abstract

This paper focuses on the Somerfield decision of the Competition Appeal Tribunal (CAT). In that decision, the CAT demonstrated a high degree of deference to the Competition Commission where the latter was scoping divestiture remedies in a merger case. This approach is consistent with the case law of the US and EC and, it is argued, is appropriate given the need for procedural expediency. The decision is placed in the wider context of the debates over the efficacy of merger remedies and the appropriate limits of judicial supervision of agency discretion in this area.

Keywords: Merger remedies, divestiture, merger appraisal

JEL Classification: K21

Suggested Citation

Harker, Michael, UK Merger Remedies Under Scrutiny (October 1, 2006). CCP Working Paper No. 06-16, Available at SSRN: https://ssrn.com/abstract=960226 or http://dx.doi.org/10.2139/ssrn.960226

Michael Harker (Contact Author)

Univeristy of East Anglia - Norwich Law School - ESRC Centre for Competition Policy ( email )

Norwich NR4 7TJ, Norfolk
United Kingdom

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