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Structural vs. Behavioral Remedies

BY | April 20, 2020

The European Commission’s remedial practice displays important differences in the type of remedies accepted in merger as opposed to antitrust cases. This paper briefly reviews the Commission’s remedies practice over…

The European Commission’s remedial practice displays important differences in the type of remedies accepted in merger as opposed to antitrust cases. This paper briefly reviews the Commission’s remedies practice over the last 14 years highlighting the differences and discussing inconsistencies. It raises the question why predominantly behavioral remedies are chosen in antitrust cases and how this practice could be reconciled with the approach in merger control where the risks to effective com

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