Ioannis Lianos

Ioannis Kokkoris

This book represents a fresh approach to EC competition law - one that is of singular value in grappling with the huge economic challenges we face today. As a critical analysis of the law and options available to European competition authorities and legal practitioners in the field, it stands without peer. It will be greatly welcomed by lawyers, policymakers and other interested professionals in Europe and throughout the world.

New Challenges

The Reform of EC Competition Law

This book represents a fresh approach to EC competition law – one that is of singular value in grappling with the huge economic challenges we face today. As a critical analysis of the law and options available to European competition authorities and legal practitioners in the field, it stands without peer. It will be greatly welcomed by lawyers, policymakers and other interested professionals in Europe and throughout the world.

In this article we will evaluate whether the application and the efficiency of two types of empirical analysis in the assessment of mergers in jurisdictions applying the dominance and the SLC tests are different due to the application of the different legal substantive test. Thus, we will consider whether the different legal substantive test leads to different application of the empirical analysis or to different assessment of mergers leading to non-coordinated effects by courts, based on the same empirical analysis.We will address two methods of empirical analysis that concern two essential stages in the assessment of a merger. One such type of empirical analysis refers to the assessment of the unilateral effects of the merger on competition and one that is used in the definition of the relevant market. These two methods are the merger simulation and the critical loss analysis respectively. We will investigate their theoretical background and see how these two methods are applied in practice in cases brought before courts in jurisdictions applying the dominance test and the SLC test. The jurisdictions we will focus in this article are the USA and the European Union. The next part of this article briefly deals with the SLC and the dominance test. The second part of this article deals with the mechanics and the case law behind the two above-mentioned empirical methods. Finally, in the last part of this article we will evaluate whether the methodology behind merger simulation, used in the evaluation of the competitive effects, and critical loss analysis, used in market definition, varies depending on the substantive test that competition authorities apply to assess mergers.

Do Merger Simulation and Critical Loss Analysis Differ Under the SLC and Dominance Test?

Claudia Lemus

This incisive Research Handbook identifies and assesses the emerging trends in competition enforcement, investigating how such changes impact the enforcement approach of competition authorities and the behaviour of companies in an ever-evolving business and regulatory environment. Insightful contributions from experts in the field of competition enforcement law cover anticompetitive agreements, unilateral conduct, and merger control, as well as exploring topics such as algorithmic collusion, market power and data, big data, industrial policy, consumer welfare, common ownership, and competition enforcement in digital platforms. Combining academic, practitioner, and enforcer perspectives, this expansive Handbook sheds light on topical developments concerning competition enforcement, representing an expansion of existing enforcement practices. The Handbook concludes by considering how competition authorities could address the proliferating competition enforcement challenges arising from the appearance of new markets, novel business models, and technological developments. Bringing together unique perspectives on new trends affecting competition enforcement, this timely Handbook will prove invaluable to law firms with an international competition or merger law practice, as well as to economic consultants and competition and regulatory authorities. Comprehensive and accessible, its analysis of the latest developments and perspectives in competition enforcement establish the Handbook as essential reading material for scholars of law and business across the globe.

Ioannis Kokkoris

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