| Abstract: | Merger control in the European Union is shaped by an architecture of separate
jurisdictional zones: the European Commission vets all mergers where the competition
concern is of Community interest whereas mergers lacking a Community interest
come under the jurisdiction of the relevant member state. For this architecture to be
successful an effective case allocating test is essential. Since the original 1989 Merger
Control Regulation (MCR) the allocating test – the Community Dimension test(s) – and
the corrective structures supporting it have not fully conformed to the architecture of
jurisdictional zones in practice. Why has this been the case? Does the new 2004 MCR
solve the underlying problems?
*Hull University Business School, UK. |
