@techreport{Christiansen2006more,
abstract = {With the "more economic approach" the EU is taking a new tack on merger control
policy. This is visible not only in the new SIEC prohibition criterion and the criteria
for appraising horizontal mergers but also in more recent decision-making
practice. Greater legal certainty, on the one hand, and improved decision-making,
on the other, have been cited as the aims of the (increased) use of industrial
economics models and quantitative analysis.
The objective of a (better) economic foundation in EU merger control is expressly
welcomed. However, on closer analysis it is found that in point of fact the more
economic approach in its present form creates less legal certainty, while the
upshot in terms of the quality of the decision-making is at least unclear. At the
same time, the (administrative) burden is likely to rise. Moreover, certain problems
emerge for instance from the increasing involvement of economic experts or the
possibilities for (industrial policy-related) political intervention.
In conclusion, a broader perception of an economics-based approach which takes
account especially of the institutional implications is called for. Specific recommendations
are the establishment of an independent competition authority and the
stronger orientation of merger control to (more) general rules.},
author = {Arndt Christiansen},
copyright = {http://www.econstor.eu/dspace/Nutzungsbedingungen},
keywords = {F02; K21; L40; 330; Competition policy; EU merger control; economic analysis; Fusionskontrolle; EU-Staaten; Kritik; Industrie\"{o}konomik; EU-Wirtschaftsrecht},
language = {eng},
number = {21e},
title = {The "more economic approach" in EU merger control: A critical assessment},
type = {Research notes working paper series},
url = {http://hdl.handle.net/10419/21884},
year = {2006}
}
