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European Merger Control: Getting the Efficiencies Right.

Antitrust Bulletin

| March 22, 2002 | Lister, Charles | COPYRIGHT 2002 Federal Legal Publications, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Peter D. Camesasca Antwerp: Intersentia (2000), xiii + 498 pp., 120 euro.

A longstanding question on both sides of the Atlantic is the extent to which, and circumstances in which, anticipated postmerger efficiencies may justify a merger's approval. In the United States, efficiencies defenses were rejected in principle by the Supreme Court nearly 40 years ago. (1) Nonetheless, they have since been given at least partial weight by several lower courts. (2) Moreover, regulators have cautiously acknowledged the possible relevance of some merger-specific efficiencies, at least in the absense of a near-monopoly, in successive versions of the Horizontal Merger ...

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