- Collection:
- Dean Rusk International Law Center Collections
- Title:
- The Relevant Market in European Merger Law
- Creator:
- Haubold, Benedicte
- Date of Original:
- 1995-01-01
- Subject:
- University of Georgia. School of Law
Law--Study and teaching
International law - Location:
- United States, Georgia, Clarke County, Athens, 33.96095, -83.37794
- Medium:
- dissertations
- Type:
- Text
- Format:
- application/pdf
- Description:
- European Merger Law -- European Competition Law -- Unique Market Construction -- Relevant Market -- 1989 Regulation -- Articles 85 and 86 of the Rome Treaty -- Abuses of Dominant Power -- The Product Market -- Merger Control -- Common Market -- White Book -- Single Market Construction -- Maastricht Treaty -- Antitrust and Trade Regulation -- Business Organizations Law -- Commercial Law -- European Law -- International Law -- Law and economics -- Legislation
Due to the rapid acceleration of merger movements in the 1980s, the adoption of new merger regulation was a must for the European market. Before the new merger regulation was adopted in 1989, the European Commission used to apply the general competition rules of the Rome Treaty when dealing with mergers. The Commission used to interpret Articles 85 and 86 of the Rome Treaty as a means to condemn mergers that would lead to an abuse of a dominant position at a European level; at that time, there was an absence of complete and systematic control as far as structural modifications resulting from the concentration. Article 235 set the basis of the new regulation, creating new substantive rules and broadening the scope of the text. The Commission will now assess proposed mergers based on two conceptions: the integration of the national markets, and the maintenance of the competition process. In order for the Commission to determine an abuse of dominant power in a “relevant” market, or the market in question, an abuse of dominant power has to be found on a “reference” market. This paper will investigate whether the determination of the relevant market is the right method to get a fair idea of the degree of power of a merger. This paper will answer questions such as whether or not the Commission has turned to a less classical analysis of the relevant market, and what the main changes are in comparison with the period before 1989. - External Identifiers:
- Metadata URL:
- https://digitalcommons.law.uga.edu/stu_llm/180
- Holding Institution:
- Alexander Campbell King Law Library
- Rights:
-
