The Use of Empirical Techniques in European Commission Merger Cases

Jan Peter van der Veer, Mar 14, 2011

In recent years, there has been a trend towards a more systematic use of detailed empirical analysis in the assessment of merger cases by the European Commission.

This trend owes its roots to the Court of First Instance’s judgments in the Airtours/First Choice, Tetra Laval/Sidel, and General Electric/Honeywell cases, which made it clear that any theory of competitive harm advanced by the Commission must specify the conditions that gave rise to that harm and test those conditions against observed industry characteristics and behavior. The Commission took

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