Substantive Appraisal of Horizontal Mergers under EEC Regulation 4064/89: An Inquiry into the Commission’s First Year Decisions

Hellemans, Frank M. | January 1, 1993

Rather, our purpose is to examine what criteria the Regulation prescribes for the substantive appraisal of mergers. We will not only scrutinize Article 2 of the Regulation and the different policies behind it, but we will also inquire into the Commission’s decisions in order to find out how the Commission has applied the Regulation’s substantive criteria to ‘real live’ mergers and acquisitions. Broadly speaking, this involves questions of product and geographic market definition, of calculating market shares and interpreting them and, finally, of basic goals of mergers control policy.