The Commission’s Non-Contractual Liability in the Field of Merger Control “Don’t Use a Hammer When You Need a Screwdriver”

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Nicolas Petit, Miguel Rato, Jun 30, 2007

Introduction

It has become conventional wisdom to view the rulings handed down by the Court of First Instance (CFI) in Airtours, Schneider, Tetra Laval and Impala as unprecedented setbacks for the European Commission (the Commission) that would usher in a new era of administrative accountability in the field of merger control. However, several commentators still consider  and lament  th