This book addresses the phenomenon of mergers that may result in
non-coordinated effects in oligopolistic markets. Such cases are
sometimes referred to as "non-collusive oligopolies", or "gap
cases" and there is a concern that they might not be covered by the
substantive test that some Member States use for merger assessment.
Ioannis Kokkoris examines the argument that the European Community
Merger Regulation (Regulation 4064/89) did not capture gap cases
and considers the extent to which the revised substantive test in
Regulation 139/2004 deals with the problem of non-collusive
oligopolies. The author identifies actual examples of mergers that
gave rise to a problem of non-coordinated effects in oligopolistic
markets, both in the EU and in other jurisdictions, and analyses
the way in which these cases were dealt with in practice. The book
considers legal systems such as United Kingdom, United States,
Australia and New Zealand. The book investigates whether there is
any difference in the assessment of non-collusive oligopolies
between the various substantive tests which have been adopted for
merger assessment in various jurisdictions. The book also looks at
the various methodological tools available to assist competition
authorities and the professional advisers of merging firms to
identify whether a particular merger might give rise to
anticompetitive effects and explores the type of market structure
in which a merger is likely to lead to non-coordinated effects in
oligopolistic markets.
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