In this issue:
Protectionist sentiments are becoming more significant in merger control considerations, especially in Europe. Can public interest exemptions or other protectionist considerations bring benefits that would justify potentially harmful side-effects from overriding competition-based analyses? Our first four papers, led by the U.K.’s new CMA, look to answer just that question. And the first paper in our Of Special Interest section also concerns protectionism as David S. Evans explains how the EU’s proposed payments legislation can harm consumers. Finally, Neale Mahoney, André Veiga, & Glen Weyl close with interesting food for thought involving cream-skimming: Can there be too much competition in selection markets?
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Protectionism and Merger Control
The Public Interest and Competition-Based Scrutiny of Mergers: Lessons from the Evolution of Merger Control in the United Kingdom
In light of the recent, increasingly vocal demand for new or wider public interest considerations, it is time to take stock and explore what implications a shift or reversal in policy of this type may have. Alex Chisholm & Nelson Jung (U.K. Competition and Markets Authority)
Protectionism or Legitimate National Interest? A European Perspective on the Review of Corporate Acquisitions by Foreign Purchasers
It has shown that, although there may be debate about the
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