Merger Control & Antitrust Enforcement in the EU and US: A Comparative Analysis

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.