Tuesday, August 9, 2016
How Close Is Too Close? A Critical Review of the European Commission's Assessment of Closeness of Competition
ABSTRACT: While market-share analysis has not become obsolete, closeness of competition has developed into a key criterion for the assessment of horizontal mergers.
Closeness of competition arguments are unlikely to succeed in the absence of reliable data.
There is a lack of guidance from the European Commission on the qualitative and quantitative tools that should be used to assess closeness of competition as well as on the degree of closeness that is problematic.