The role of merger control rules in the enforcement of optimal competition policy

Abstract

The purpose of ex ante merger control is to secure and preserve the competitive market structures by controlling concentrations which might significantly impede effective competition. All concentrations exceeding a certain turnover threshold are subject to mandatory notification under national merger control rules and such transactions shall not be implemented prior to clearance decision. In assessing a concentration, the relevant competition authority must consider the likely effects of the concentration on competition, and if the concentration is expected to be anti-competitive, it must be prohibited. The aim of this article is to explain the difficulties to properly determine the institutional framework in which the competition authority approves or prohibits concentrations. Therefore, the author analyses some of the main principles on which merger control should be based and points out that merger control rules play very important role in achieving effective enforcement of optimal competition policy. [Projekat Ministarstva nauke Republike Srbije, br. 179031: Srpsko i evropsko pravo - upoređivanje i usaglašavanje]

Keywords

• control of concentrations
• merger control
• ex ante control
• competition policy
• competition law