Judicial scrutiny of merger decisions in the EU, UK and Germany

Harker, Michael ORCID: https://orcid.org/0000-0001-8410-1279, 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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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
UEA Research Groups: Faculty of Social Sciences > Research Groups > Competition, Markets and Regulation
Faculty of Social Sciences > Research Groups > Media, Information Technology and Intellectual Property Law
Faculty of Social Sciences > Research Centres > Centre for Competition Policy
Depositing User: Michael Harker
Date Deposited: 13 Apr 2011 13:54
Last Modified: 21 Apr 2023 23:54
URI: https://ueaeprints.uea.ac.uk/id/eprint/29213
DOI: 10.1017/S0020589310000680

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