Thursday, May 5, 2011
De-merger Regimes in Europe. Are national deconcentration powers an appropriate tool for enhancing competition in the EU?
Posted by D. Daniel Sokol
Stefan Thomas - University of Tubingen asks De-merger Regimes in Europe. Are national deconcentration powers an appropriate tool for enhancing competition in the EU?
ABSTRACT: Bigness as such is not an offence in the EU - or, at least not yet. In the UK under the Enterprise Act 2002 the Parliament has created powers to remedy adverse effects on competition even if they were not created by an unlawful merger or by abusive behaviour of a dominant firm. Recently these provisions were used for ordering the deconcentration of BAA in an effort to improve competition between airports in the UK. In Germany, a vigorous debate is beginning regarding whether similar powers should be conferred upon the German Federal Cartel Office.