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July 15, 2026

Somewhere Over the Rainbow: Assessing the Draft EU Merger Guidelines

This paper assesses the European Commission’s draft Merger Guidelines against the treatment of efficiencies, the failing firm defence, and the counterfactual in the 2004 Horizontal Merger Guidelines and the 2008 Non-Horizontal Merger Guidelines. My central claim is that the draft guidelines represent a welcome but incomplete correction. They rightly recognise that merger control can no...
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