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Judicial Scrutiny of Merger Decisions in the EU, UK and Germany

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journal contribution
posted on 2013-09-26, 08:30 authored by Michael Harker, Sebastian Peyer, Kathryn Wright
The appropriate role of the courts in controlling the discretion of merger authorities has become one of the key issues in European merger law and policy in recent years. This article investigates judicial review of merger decisions, taking a comparative approach by examining cases from the EU, UK and Germany. We observe an apparent increase in the willingness of the EU and UK courts to scrutinize merger decisions, and a long-standing tradition of close scrutiny in Germany. In respect of the EU and UK, we consider agency theory offers a convincing explanation—that increased scrutiny is explained by the need to enhance the credibility of merger policy. In Germany, the constitutional basis of judicial review differs significantly, and the relatively close scrutiny exercised by the court is better explained by the very different constitutional context.

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Citation

International and Comparative Law Quarterly, 2011, 60 (1), pp. 93-124

Author affiliation

/Organisation/COLLEGE OF ARTS, HUMANITIES AND LAW/School of Law

Version

  • VoR (Version of Record)

Published in

International and Comparative Law Quarterly

Publisher

Cambridge University Press for the British Institute of International and Comparative Law

issn

0020-5893

eissn

1471-6895

Copyright date

2011

Available date

2013-10-08

Publisher version

http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=8009516

Language

en

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