Friday, September 27, 2019
The Contributory Effect of GE/Honeywell on the European Commission’s Approach to Non-Horizontal Mergers
Uboho Inyang, University of Dundee examines The Contributory Effect of GE/Honeywell on the European Commission’s Approach to Non-Horizontal Mergers.
ABSTRACT: In recent times, there has been considerable development in the assessment of non-horizontal merger in the European Union (EU). This has led to the attainment of some level of consistency in the approach adopted by the EU Commission (the Commission) to weed out mergers with anti-competitive potentialities. This development can be credited substantially to courts’ jurisprudence built over time, i.e., decisions of the General Courts (European Court of First Instance ‘CFI’ and the European Court of Justice ‘ECJ’). Whilst several of the courts’ decisions can be credited directly or indirectly as contributing to the development, one case that seems to have generated and earned much of public attention is the GE/Honeywell case which climaxed in the decision of the CFI delivered on December 14, 2005. Whilst the CFI made some profound pronouncements in their decision, the jury is still out on the impact GE/Honeywell has had generally on the development of the EU approach on non-horizontal mergers. This research paper investigates the importance of the GE/Honeywell, particularly with respect to the decision of the CFI. It concludes that, as much as GE/Honeywell is not to be solely credited with the growth witnessed today, it has however contributed greatly in its own way, to the evolution of the process to what it is today, particularly with respect to foreclosure analysis.