Thursday, May 28, 2020

Structural vs. Behavioural Remedies

Frank P. Maier-Rigaud, IESEG School of Management (LEM-CNRS), Department of Economics and Quantitative Methods; NERA Economic Consulting and Benjamin Lörtscher NERA Economic Consulting address Structural vs. Behavioural Remedies.

ABSTRACT: The European Commission’s remedial practice displays important differences in the type of remedies accepted in merger as opposed to antitrust cases. This paper briefly reviews the Commission’s remedies practice over the last 14 years highlighting the differences and discussing inconsistencies. It raises the question why predominantly behavioural remedies are chosen in antitrust cases and how this practice could be reconciled with the approach in merger control where the risks to effective competition are viewed as deriving from changes in the structure of the market and where therefore structural remedies are typically considered necessary.

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