The Merger Control Patchwork

Abstract:
This article discusses the lack of harmonization among European merger control regimes. There are significant differences relating inter alia to the concept of a concentration, the substantive test, remedies, and judicial review. As far as the substantive test is concerned, the chasm is particularly deep between the European Commission’s practice and that of the German Federal Cartel Office. Areas of divergence include the more economic approach, the level at which market shares are considered problematic, the assessment of collective dominance, and the treatment of conglomerate effects. While some feel that ‘the quest for harmonization is quixotic’, the author argues in favour of a level playing field.