20 October 2016
This article discusses three developments in EU merger control in recent horizontal merger cases: first, an apparent increased reliance by the European Commission (Commission) on the theory of unilateral effects in the absence of single dominance;second, the increased use by the Commission of two structural measures in divestiture remedies – reverse carveouts and upfront buyer approvals; and third, changes in the Commission’s review process, specifically in relation to internaldocuments and market investigations. . This article was first published on 20 September 2016 (www.competitionlawinsight.com).
A tougher climate: EU merger control has become more challenging