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A legal and economic consensus? The theory and practice of coordinated effects in EC merger control.

Antitrust Bulletin,  March, 2004  by Simon Bishop

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I. Introduction

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Since its introduction in 1990, European Community (EC) merger control has undergone a number of changes. (1) Of particular importance has been the use and evolving practice by the European Commission of the concept of collective dominance. Traditionally, EC merger control focused on assessing whether a merger gives rise to the creation or strengthening of a position of single-firm dominance. This traditional view meant that EC merger control in its infancy was fairly formulaic: define the relevant market and calculate market shares to establish whether dominance was created or strengthened. (2) However, in recent years as much prominence ...