Comparing the US & the EU Failing Firm Defense: Reflections from an Economic Perspective

Posted by Social Science Research Network

Comparing the US & the EU Failing Firm Defense: Reflections from an Economic Perspective

Marianela López-Galdos (George Washington University)

Abstract:     The purpose of this paper is to compare the failing firm defense under the European Union and the United States antitrust regimes. In order to do so, the relevant case law and regulations will be studied. Moreover, to better understand the difficulties that the enforcement of the failing company defense brings about, the main problems of the application of this doctrine will be explained. Finally, other considerations such as efficiencies and social and environmental concerns related to the failing firm defense will be explored.