No. 3, N. E. Farantouris, “Merger Control & Antitrust Enforcement in the EU and US: A Comparative Analysis”
The aim of this paper by Dr. Nikolaos Farantouris (Adjunct Lecturer, Department of International & European Studies, University of Piraeus; Research Associate, Faculty of Law, University of Athens; Deputy Member of the Hellenic Competition Commission), is to focus on recent developments in EU merger control and antitrust enforcement and to identify key areas where potential tensions might occur between the EU and US antitrust policy. Such divergences could lead to tensions between EU and US antitrust authorities and may have a damaging impact on companies, especially US corporations engaged in EU business. Taking into account the latest developments in EU competition law, the present study has identified certain legal issues which may lead to substantially different assessments on both sides of the Atlantic. These include collective dominance and co-ordinate interaction, portfolio power, ‘failing firm’ defence, economic efficiency considerations, and vertical restraints.
