Tuesday, November 5, 2019
Benjamin Lörtscher, NERA Economic Consulting and Frank P. Maier-Rigaud, IESEG School of Management (LEM-CNRS), Department of Economics and Quantitative Methods; NERA Economic Consulting offer thoughts On the Consistency of the European Commission’s Remedies Practice.
ABSTRACT: The European Commission’s remedial practice displays important differences in the type of remedies accepted in merger versus antitrust cases. This paper provides a review of the Commission’s remedies practice over the last 14 years highlighting the differences and discussing the inconsistencies. In particular, it raises the question how the fact that “the very structure of the undertakings” does not typically have to be affected by remedies to address concerns raised in antitrust cases can be consistent with the analysis of mergers that is based on the idea that the risks to effective competition derive from changes in the structure of the market and therefore typically require structural remedies.