Tuesday, July 3, 2018
Christopher Cook, Vladimir Novak, and Sven Frisch describe Recent Developments in EU Merger Remedies.
ABSTRACT: After an eight-year high intervention rate in 2016, the Commission’s intervention rate reverted to average levels in 2017. The Commission maintained preference for clear-cut divestitures despite global trend towards increased reliance on behavioural remedies. Innovation concerns remained at the forefront of the Commission’s merger remedy policy and have materialised most notably in Dow/DuPont. The Commission displayed a flexible approach to well-crafted carve-outs.