| Author (Person) | Levy, Nicholas |
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| Publisher | Taylor & Francis |
| Series Title | European Competition Journal |
| Series Details | Volume 6, Number 1, Pages 211-254 |
| Publication Date | January 2010 |
| ISSN | 1744-1056 |
| Content Type | Journal Article |
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Introduction: "In 2004, the EU replaced the dominance standard, which had been the substantive test under the Merger Regulation since its entry into force in 1990, with a recast test that prohibits concentrations that “significantly impede effective competition in the common market or in a substantial part of it, in particular as a result of the creation or strengthening of a dominant position”. The decision to adopt a new substantive test followed a lively debate on whether the notions of single firm and collective dominance under the dominance standard were capable of addressing all forms of competitive harm raised by mergers and other concentrations."
"This article examines the evolution in the Commission’s application of the dominance standard between 1990 and 2004, describes the background to, and debate surrounding, the adoption of the SIEC test in 2004, and analyses the implications of the SIEC test on the Commission’s decisional practice between May 2004 and November 2009."
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| Source Link | https://doi.org/10.5235/ecj.v6n1.211 |
| Subject Categories | Internal Markets |
| Subject Tags | Competition Law | Policy |
| Keywords | Antitrust | Cartels | Dominant Position | Market Abuse, Mergers and Acquisitions |
