Judicial Scrutiny of Merger Decisions in the EU, UK and Germany

Harker, Michael, Peyer, Sebastian and Wright, Kathryn (2011) Judicial Scrutiny of Merger Decisions in the EU, UK and Germany. International and Comparative Law Quarterly, 60 (1). pp. 93-124. ISSN 0020-5893

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Abstract

The appropriate role of the courts in controlling the discretion of merger authorities has become one of the key issues in European merger law and policy in recent years. This article investigates judicial review of merger decisions, taking a comparative approach by examining cases from the EU, UK and Germany. We observe an apparent increase in the willingness of the EU and UK courts to scrutinize merger decisions, and a long-standing tradition of close scrutiny in Germany. In respect of the EU and UK, we consider agency theory offers a convincing explanation—that increased scrutiny is explained by the need to enhance the credibility of merger policy. In Germany, the constitutional basis of judicial review differs significantly, and the relatively close scrutiny exercised by the court is better explained by the very different constitutional context.

Item Type: Article
Faculty \ School: Faculty of Social Sciences > Norwich Business School
Faculty of Social Sciences > School of Law
Related URLs:
Depositing User: Michael Harker
Date Deposited: 13 Apr 2011 14:54
Last Modified: 13 Mar 2019 10:31
URI: https://ueaeprints.uea.ac.uk/id/eprint/29213
DOI: 10.1017/S0020589310000680

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