Failing firm defense: The assessment of concentrations of recovery or economic restructuring in the European Union

Authors

  • Mario Antonio Pérez Molina Universidad Centroamericana “José Simeón Cañas” El Salvador

DOI:

https://doi.org/10.5377/derecho.v0i20.2790

Keywords:

Failing firm defence, European Merger control, EC Merger Regulation, Horizontal Merger Guidelines, concentrations between undertakings, competition law, European Union

Abstract

The European Commission to assess the compatibility or incompatibility of mergers with a community dimension has to consider different factors. Among them is the serious financial and economic situation of the target company. For this purpose has developed the failing firm defence, which enables the antitrust authority to allow those mergers, that despite raise competition concerns, are suitable to operate as anti-crisis measures. This paper aims to study this issue in the singular area of the European Merger Control.

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Published

2016-09-07

How to Cite

Pérez Molina, M. A. (2016). Failing firm defense: The assessment of concentrations of recovery or economic restructuring in the European Union. Revista De Derecho, (20), 99–124. https://doi.org/10.5377/derecho.v0i20.2790

Issue

Section

Articles