EC Merger Control

A Major Reform in Progress

Edited by Götz Drauz and Michael Reynolds

Discusses procedural and substantive aspects of the reform process concerning the changed EU merger regime
Gathers contributions from a cross-section of experts on the subject, including representatives from the European Commission, Court of First Instance, US Department of Justice, the World Bank and various competition authorities
Focuses on practical issues such as case allocation, due process and efficiency considerations

EC Merger Control

A Major Reform in Progress

Edited by Götz Drauz and Michael Reynolds

Description

The European Commission adopted a comprehensive package of reforms to the EU merger control regime in conjunction with the accession of the new Member States in 2004. This constituted the most radical reform of the regime since the previous Merger Regulation was adopted in 1989, aimed at better adapting it to a globalising market and enlarging an increasingly integrated European Union. The extensive reform to the regulation has provoked significant questions about the way in which the Commission treats major merger evaluations.

EC Merger Control provides a comprehensive and insightful account of the many important procedural and substantive aspects of the reform process, with contributions from eminent specialists in the field of mergers, including lawyers, economists, and representatives of the European Commission, Court of First Instance, US Department of Justice, the World Bank and several competition authorities. The papers in this book are based on the proceedings of the 2002 EC Merger Control conference - organised jointly by the European Commission and the International Bar Association.

EC Merger Control

A Major Reform in Progress

Edited by Götz Drauz and Michael Reynolds

Foreword, Mario Monti
Introduction, Commissioner Monti
Keynote Address: Merger Control in the EUropean Union - a Radical Reform, Mario Monti
1:Optimising Case Allocation in the European Union and Dealing with Multijurisdictional Filings
2:Due Process and Judicial Review - Contrasting Merger Control Systems
3:Substantive Tests - Are the Differences between the Dominance and SLC Tests Real or Semantic?
4:Efficiency Considerations - What is Their Proper Role in Merger Control?
5:Assessment of Dominance: Unilateral and Coordinated Effects - Draft Commission Notice

EC Merger Control

A Major Reform in Progress

Edited by Götz Drauz and Michael Reynolds

Author Information

Edited by Götz Drauz, Director, Merger Task Force, Directorate-General for Competition, European Commission, Brussels, and Michael Reynolds, Partner, Allen & Overy, Brussels

Contributors:

Jochen B Burrichter, Hengeler Mueller, Düsseldorf
Nadia Calviño, Directorate-General for Competition
Sarah Cardell, Slaughter & May, London
Götz Drauz, Howrey LLP, Brussels
Serge Durande, Directorate-General for Competition
John Fingleton, Office of Fair Trading
Hans Peter Frick, Nestec SA, Switzerland
Paul Glazener, Allen & Overy, Amsterdam
Francisco Enrique González Díaz, Cleary Gottlieb Steen & Hamilton, Brussels
Alberto Heimler, Italian Antitrust Authority
Michael L Katz, Economic Analysis & Policy Group (EAP), Walter A. Haas School of Business, University of California
John Kay
R Shyam Khemani, Department of the World Bank, Washington, D.C.
Felix Kühlmann
Nicholas Levy, Cleary Gottlieb, Brussels
Philip Lowe, Directorate-General for Competition
Lynda Martin Alegi, EU Competition and Trade
Janet L McDavid, Hogan & Hartson L.L.P., Washington D.C.
Brian R Meiners, King & Spalding, Washington D.C.
Frank Montag, Freshfields Bruckhaus Deringer, Brussels
Caroline Montalcino, European Commission for Competition
Mario Monti, Bocconi University, Milan; BRUEGEL; ECAS
Malcolm Nicholson, Slaughter & May, London
Claude Rakovsky, European Commission
Christa Randzio-Plath, European Commission
Michael Reynolds, Allen & Overy, Brussels
Kurt Stockmann, European Commission
Kevin R Sullivan, King & Spalding, Washington D.C.
Gerwin Van Gerven, Linklaters, Brussels
James S Venit, Skadden, Brussels
Vincent Verouden, European Commission
Bo Vesterdorf, Court of First Instance
John Vickers, All Souls College, Oxford University
Andreas Von Bonin, Freshfields Bruckhaus Deringer, Brussels
Richard Wainwright, Allen & Overy, London
Karen Williams, US Court of Appeals
Markus M Wirtz